Leopoldina Portela v Mateo Weiner
Motion No: 2006-01623 QC
Slip Opinion No: 2007 NYSlipOp 64404(U)
Decided on March 1, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., RIOS and BELEN, JJ.


NO. 2006-1623 Q C
LEOPOLDINA PORTELA,

Respondent,

-against-

MATEO WEINER,

Appellant.

DECISION

Motion by landlord-respondent to vacate the stay contained in the order of this court dated December 13, 2006 and to release funds deposited with the court below is denied.

Tenant shall deposit with the court below $1,200 within 10 days from the date of the order hereon and continue to deposit with the court below $1,100 from February 1, 2007, as rent becomes due. Tenant shall comply with the other conditions contained in the order of this court dated December 13, 2006.

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.