Rsl Holding, L.L.C. v Anthony Miller, Tenant-respondent, -and- Bettie J. Sanders
Motion No: 2007-01223 KC
Slip Opinion No: 2007 NYSlipOp 80944(U)
Decided on October 12, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.


NO. 2007-1223 K C
NO. 2007-1312 K C
RSL HOLDING, LLC.,
Respondent,

-against-

ANTHONY MILLER,

Tenant-Respondent,
-and-

BETTIE J. SANDERS,

Appellant.

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RSL HOLDING, LLC.,
Respondent,

-against-

BETTIE SANDERS,
Appellant,

-and-

"JOHN DOE",Respondent.

DECISION

On the court's own motion, motions by tenant-appellant returnable August 16, 2007 and August 30, 2007 are hereby consolidated for purposes of disposition.

Motions by tenant-appellant to stay enforcement of the orders of July 26, 2007 and August 1, 2007 are denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).

With regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519 (a) (6) in the court below.

Belen, J., taking no part.