| 1180 50th St. Assoc., Inc. v Larisa Topolenko |
| Motion No: 2007-01043 KC |
| Slip Opinion No: 2007 NYSlipOp 86775(U) |
| Decided on December 18, 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 continue the stay contained in the order of this court dated August 10, 2007, is granted on condition that tenant perfects the appeal by March 7, 2008. Within 10 days from the date of the order hereon tenant shall deposit with the court below the amount of $596.68 and pay landlord use and occupancy for September and November 2007 at the rate of $710.36 per month. Tenant shall continue to pay use and occupancy to landlord at said rate as it becomes due. Tenant shall file with this court proof of deposit of the sum of $596.68 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.