| Peter Difatta d/b/a Westminister Gardens v Brian Bartolomeo & Stephanie La Beeki |
| Motion No: 2007-01105 SC |
| Slip Opinion No: 2007 NYSlipOp 78966(U) |
| Decided on September 21, 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
| PETER DIFATTA d/b/a WESTMINISTER GARDENS, Respondent, -against- BRIAN BARTOLOMEO and STEPHANIE LA BEEKI, Appellants. |
DECISION
Motion by tenants-appellants to stay enforcement of the order of July 3, 2007 is granted and enforcement of the order of July 3, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 7, 2007. Within 10 days from the date of the order hereon tenants shall deposit the amount of the judgment together with any and all arrears in rent and/or use and occupancy at the rate previously payable as rent. Tenants shall thereafter continue to pay use and occupancy to landlord as it becomes due. Tenants 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.