| North Clinton Assoc. v Collin Brown |
| Motion No: 2008-00210 SC |
| Slip Opinion No: 2008 NYSlipOp 68725(U) |
| Decided on April 4, 2008 |
| 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
| NORTH CLINTON ASSOCIATES, Respondent, -against- COLLIN BROWN, Appellant. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of the judgment of December 27, 2007, is granted and enforcement of the judgment of December 27, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 6, 2007. Within 10 days from the date of the order hereon tenant shall deposit the amount of the judgment less the $1,200 deposited with the court below together with any and all arrears in rent and/or use and occupancy from January 1, 2008 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 the judgment less the $1,200 deposited and 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.