| Maude Boltz v Peter Ascolesi |
| Motion No: 2006-01109 KC |
| Slip Opinion No: 2006 NYSlipOp 80648(U) |
| Decided on November 3, 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
| MAUDE BOLTZ, Respondent, -against- PETER ASCOLESI, Appellant. |
DECISION
On the court's own motion , respondent's motion returnable on October 16, 2006, and appellant's motion returnable on October 25, 2006 are hereby consolidated for purposes of disposition.
Motion by respondent to vacate the stay contained in the order of this court dated August 17, 2006 is denied.
That branch of the motion by respondent for leave to inspect the premises is denied without prejudice to seeking said relief in the court below.
Motion by appellant to reinstate and, in essence, to continue the stay contained in the order of this court dated August 17, 2006, is granted on condition that tenant perfects the appeal by January 5, 2007, and pays landlord the sum of $801.24 within 10 days from the date of the order hereon. Tenant shall continue to comply with all the other conditions contained in the order of this court dated August 17, 2006.
In the event that 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.