| Volunteers of America-greater N. Y., Inc. v Manuel Almonte |
| Motion No: 2006-01548 KC |
| Slip Opinion No: 2007 NYSlipOp 66259(U) |
| Decided on March 26, 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
| VOLUNTEERS OF AMERICA-GREATER NEW YORK, INC., Respondent, -against- MANUEL ALMONTE, Appellant -and- "JOHN DOE", Undertenant. |
DECISION
On the court's own motion, motions by landlord-respondent, returnable February 13 and February 20, 2007, and motion by tenant-appellant, returnable February 22, 2007, are hereby consolidated for the purpose of disposition.
Motion by tenant-appellant for an enlargement of time to submit opposition to landlord-respondent's motion to vacate the stay of eviction granted, and opposition papers deemed timely filed and served.
Motion by landlord-respondent to vacate the stay of eviction denied on the condition that tenant-appellant deposit with the court below five months of use and occupancy in the total sum of $1,075 and continue to deposit into court monthly use and occupancy in the amount of $215 as the same becomes due. Tenant shall file with this court proof of deposit of the arrears and any and all use and occupancy within one business day after such deposit. In the event that any of the above conditions are not met, landlord may move to vacate the stay on 3 days' notice.
Motion by landlord-respondent for an enlargement of time to submit a respondent's brief is granted, and said brief shall be served and filed by respondent within 21 days of the date of the order hereon. Appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.