| Denise Zabolotny v Annie Anderson & Rita Anderson & Paul Catone & Anthony Catone & Vincenzo Catone |
| Motion No: 2006-01801 SC |
| Slip Opinion No: 2006 NYSlipOp 84038(U) |
| Decided on December 20, 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: 9th and 10th JUDICIAL DISTRICTS
| DENISE
ZABOLOTNY, Respondent, -against- ANNIE ANDERSON and RITA ANDERSON and PAUL CATONE and ANTHONY CATONE and VINCENZO CATONE, Appellants. |
DECISION
On the court's own motion, tenant-appellant's motion returnable November 1, 2006, and landlord-respondent's motion returnable November 15, 2006 are hereby consolidated for purposes of disposition.
That branch of the motion by tenant-appellant to stay enforcement of the judgment and of the order dated September 27, 2006 is granted and enforcement of the judgment and order dated September 27, 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 in the court below any and all arrears in rent and/or use and occupancy, at the rate previously payable as her share of the rent and upon the further condition that tenant perfect the appeal by March 2, 2007. Tenant shall continue to pay landlord use and occupancy at a like rate as it becomes due. Tenant shall file with this court proof of deposit of the 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.
That branch of the motion for poor person relief is granted.