| Volunteers of Am. Greater N. Y., Inc. v Manuel Almonte |
| Motion No: 2006-01548 KC 10-10-2006 |
| Slip Opinion No: 2007 NYSlipOp 61598(U) |
| Decided on January 18, 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 : 2nd and 11th JUDICIAL DISTRICTS
| VOLUNTEERS OF AMERICA GREATER NEW YORK, INC., Respondent, -against- MANUEL ALMONTE, Appellant, -and- "JOHN DOE", Undertenant. |
DECISION
On the court's own motion, motion by landlord-respondent to, inter alia, strike tenant-appellant's brief and motions by tenant-appellant to, inter alia, file late opposition to landlord-respondent's motion and for a stay pending appeal are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to stay enforcement of the order of May 26, 2006, is granted and enforcement of the order of May 26, 2006, is stayed pending hearing and determination of the appeal. Tenant is directed to continue to pay to landlord use and occupancy at the rate previously payable as rent 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.
Motion by landlord-respondent granted only to the extent of enlarging time to submit a respondent's brief, and said brief shall be served and filed by respondent within 21 days of the date of the order hereon. Appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.
Motion by tenant-appellant to file late opposition to landlord-respondent's motion and to deem said opposition filed and served granted.