| S.A. Realty Holdings, L.L.C. v Evon Pharmacy |
| Motion No: 2006-02102 KC |
| Slip Opinion No: 2007 NYSlipOp 63201(U) |
| Decided on February 7, 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
| S.A. REALTY HOLDINGS, LLC., Respondent, -against- EVON PHARMACY, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of September 11, 2006, is granted and enforcement of the order of September 11, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 6, 2006. 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 of $2,650 per month 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.