| 2039 Jericho Turnpike Corp. v Yusuf Caglayan, Mehmet Bolat & Muhterem Bal, d/b/a Pit Stop Meridian Fuel Corp. |
| Motion No: 2006-01890 SC |
| Slip Opinion No: 2007 NYSlipOp 62115(U) |
| Decided on January 30, 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
| 2039 JERICHO TURNPIKE CORP., Respondent, -against- YUSUF CAGLAYAN, MEHMET BOLAT and MUHTEREM BAL, d/b/a PIT STOP MERIDIAN FUEL CORP., Appellants. |
DECISION
Motion by tenants-appellants to stay enforcement of the judgment of October 30, 2006, is granted and enforcement of the judgment of October 30, 2006, is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenants deposit with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy from November 1, 2006, at the rate of $3,000 per month and that tenants continue to pay landlord use and occupancy at a like rate as it becomes due and upon the further condition that the appeal is perfected by April 6, 2007. Tenants shall file with this court proof of deposit of the judgment and 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.
Cross motion by landlord-respondent to vacate the stay contained in the order of November 13, 2006, is denied as academic.