| 5712 Realty L.L.C. v Margaret Howell Mercury |
| Motion No: 2007-00241 KC |
| Slip Opinion No: 2007 NYSlipOp 66266(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
| 5712 REALTY LLC., Respondent, -against- MARGARET HOWELL MERCURY, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of January 5, 2007, is granted and enforcement of the order of January 5, 2007, is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of $1,477.34 and any and all arrears in rent and/or use and occupancy from February 1, 2007, at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by June 1, 2007. Tenant shall file with this court proof of deposit of the amount of $1,477.34 and any and all arrears in rent and/or use and occupancy within one business day after such deposit.
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.