Cassis Family Ltd. Partnership v Adel M. Elsayed & Erika Elsayed
Motion No: 2007-00295 WC 06-08-2007
Slip Opinion No: 2007 NYSlipOp 73668(U)
Decided on July 11, 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.


At a term of the Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JULY 11, 2007

HON. KENNETH W. RUDOLPH, P.J.

HON. EDWARD G. McCABE

HON. MELVYN TANENBAUM, JJ.

2007-00295 W C
CASSIS FAMILY LIMITED PARTNERSHIP,

Respondent,

-against-

ADEL M. ELSAYED & ERIKA ELSAYED,

Appellants.

The above named appellant having appealed to this court from an ORDER of the JUSTICE COURT, TOWN OF GREENBURGH, WESTCHESTER COUNTY entered on and the APPELLANT having moved this court by order to show cause returnable JUNE 8, 2007 to REINSTATE AND CONTINUE THE STAY CONTAINED IN THE ORDER OF THIS COURT DATED APRIL 12, 2007 and said motion having duly come on to be heard;

Now, on reading the papers in support of said motion and the papers filed in opposition thereto, and due deliberation having been had thereon, it is,

ORDERED that the motion is granted on condition that tenants perfect the appeal by September 7, 2007. Tenants are further directed to pay to landlord any and all arrears from July 1, 2007 at the rate of $711 per month and to continue to pay landlord use and occupancy as it becomes due; and it is further,

ORDERED that in the event that 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.

HON. EDWARD G. McCABE

ASSOCIATE JUSTICE

Appellate Term