Beekman Flats v Orji Ifem Emmanuel
Motion No: 2006-02097 KC 01-12-2007
Slip Opinion No: 2007 NYSlipOp 64430(U)
Decided on March 2, 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. 2006-2097 K C
BEEKMAN FLATS,

Respondent,

-against-

ORJI IFEM EMMANUEL,

Appellant.

DECISION

Motion by tenant-appellant to stay enforcement of the order of December 12, 2006, is granted and enforcement of the order of December 12, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 4, 2007. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable pursuant to the stipulation of August 1, 2006, as rent 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.