| 1180 50th St. Assoc., Inc. v Larisa Topolenko |
| Motion No: 2007-01043 KC |
| Slip Opinion No: 2007 NYSlipOp 76283(U) |
| Decided on August 10, 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
| 1180 50TH STREET ASSOC., INC., Respondent, -against- LARISA TOPOLENKO, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of May 30, 2007 is granted and enforcement of the order of May 30, 2007 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 2, 2007. Within 10 days from the date of the order hereon tenant shall deposit the amount of the judgment together with any and all arrears in rent and/or use and occupancy from May 1, 2007 at the rate of $710.36. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Tenant shall file with this court proof of deposit of the judgment 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.