| Clarkstown Hous. Assoc. d/b/a Maplewood Gardens v April Henderson |
| Motion No: 2006-01928 ROC 12-18-2006 |
| Slip Opinion No: 2007 NYSlipOp 64374(U) |
| Decided on February 27, 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
| CLARKSTOWN HOUSING ASSOCIATES D/B/A MAPLEWOOD GARDENS, Respondent, -against- APRIL HENDERSON, Appellant. |
DECISION
On the court's own motion, motions by tenant-appellant returnable December 18, 2006 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to be restored to possession of the premises and for a stay of all proceedings, including re-execution of a warrant of eviction, pending determination of the appeal is granted on condition that within 10 days of the date of the order hereon, tenant pay all arrears to landlord through January 2007; and on the further condition that tenant continue to pay landlord any and all arrears in rent and/or use and occupancy as they become due, and on the further condition that tenant perfects the appeal by April 6, 2007.
In the event that any of the conditions for remaining in the premises are not met, landlord may move in this court for leave to re-execute the warrant of eviction.
Motion to consolidate appeals from the orders of September 28, 2006 and October 30, 2006, is granted.