| 1180 50th St. Assoc., Inc. v Larisa Topolenko |
| Motion No: 2007-01043 KC |
| Slip Opinion No: 2008 NYSlipOp 70420(U) |
| Decided on April 10, 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 : 2nd and 11th JUDICIAL DISTRICTS
| 1180 50TH STREET ASSOC., INC., Respondent, -against- LARISA TOPOLENKO, Appellant. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated August 10, 2007 and thereafter extended by an order of this court dated December 18, 2007, is granted on condition that tenant perfects the appeal by June 6, 2008 and that within 10 days from the date of the order hereon tenant deposit with the court below the amount of $596.68 and continue to pay use and occupancy to landlord at the rate of $710.36 per month 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 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.
Cross motion by landlord-respondent to vacate the stay and dismiss the appeal is denied.