| Byron Mclean v James Gaines |
| Motion No: 2006-01297 KC |
| Slip Opinion No: 2006 NYSlipOp 78336(U) |
| Decided on October 4, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BYRON MCLEAN, Respondent, -against- JAMES GAINES, Appellant. |
DECISION
On the court's own motion, tenant-appellant's motions returnable August 16, 2006, and August 25, 2006, are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to stay enforcement of the order of June 9, 2006, is granted and enforcement of the order of June 9, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 1, 2006. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.