| Stephen Khan v Carmela Cornacchia |
| Motion No: 2007-00521 WC |
| Slip Opinion No: 2007 NYSlipOp 69787(U) |
| Decided on May 17, 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 : 9th and 10th JUDICIAL DISTRICTS
| STEPHEN KHAN, Respondent, -against- CARMELA CORNACCHIA, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of January 11, 2007, is granted and enforcement of the judgment of January 11, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 3, 2007. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy less the $2,000 deposited into court 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.