| David Ney v Dario Plasencia |
| Motion No: 2006-01925 SC |
| Slip Opinion No: 2007 NYSlipOp 61068(U) |
| Decided on January 9, 2007 |
| 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
| DAVID NEY, Respondent, -against- DARIO PLASENCIA, Appellant. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of the judgment of September 15, 2006 and order of November 13, 2006, is granted and enforcement of the judgment of September 15, 2006 and order of November 13, 2006 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 2, 2007. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from October 1, 2006 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.
That branch of the motion for poor person relief is granted.