Cassis Family Ltd. Partnership v Adel M. & Erika Elsayed
Motion No: 2007-00295 WC
Slip Opinion No: 2007 NYSlipOp 67303(U)
Decided on April 12, 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 : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.


NO. 2007-295 W C
CASSIS FAMILY LIMITED PARTNERSHIP,

Respondent,

-against-

ADEL M. & ERIKA ELSAYED,

Appellants.

DECISION

On the court's own motion, motions by tenants-appellants returnable February 23, 2007, are hereby consolidated for purposes of disposition.

Motions by tenants-appellants to stay enforcement of the judgment of October 3, 2006, are granted and enforcement of the judgment of October 3, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 1, 2007. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable 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.