| Saxon Assoc. v Yolanda Salazar |
| Motion No: 2008-00289 SC |
| Slip Opinion No: 2008 NYSlipOp 70430(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: 9th and 10th JUDICIAL DISTRICTS
| SAXON ASSOCIATES, Respondent, -against- YOLANDA SALAZAR, 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 July 3, 2008. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent less the amount deposited with the court below within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
That branch of the motion for poor person relief is granted.
On the court's own motion, the funds deposited with the court below in the amount of $1,847.50 are released to landlord.
In the event that any of the above conditions for granting a stay 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.