| Arrow Linen Supply Co., Inc. v Luz Cardona |
| Motion No: 2007-01079 KC |
| Slip Opinion No: 2007 NYSlipOp 80934(U) |
| Decided on October 3, 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
| ARROW LINEN SUPPLY CO., INC., Respondent, -against- LUZ CARDONA, Appellant. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of the order of June 4, 2007 is granted and enforcement of the order of June 4, 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 tenant shall deposit any and all arrears in rent and/or use and occupancy at the rate previously payable as rent. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Tenant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
That branch of the motion for poor person relief is granted.
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.