Lorraine Hawker v Keisha Harris
Motion No: 2006-01315 KC
Slip Opinion No: 2006 NYSlipOp 78381(U)
Decided on October 10, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT : GOLIA, J.P., RIOS and BELEN, JJ.


NO. 2006-1315 K C
LORRAINE HAWKER,

Respondent,

-against-

KEISHA HARRIS,

Appellant.

DECISION

Motion by tenant-appellant to stay enforcement of the order of August 3, 2006, is granted and enforcement of the order of August 3, 2006, is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy from May 1, 2006, at the rate of $411 as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by December 1, 2006. Tenant shall file with this court proof of deposit of the any and all arrears in rent and/or use and occupancy within one business day after such deposit.

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.