| Vernon Manor Coop. Apts., Section I, Inc. v Lorna Powell |
| Motion No: 2008-00331 WC 03-07-2008 |
| Slip Opinion No: 2008 NYSlipOp 70434(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
| VERNON MANOR COOPERATIVE APARTMENTS, SECTION I, INCORPORATED, Respondent, -against- LORNA POWELL, Appellant, -and- MICHAEL O. THOMPSON, Undertenant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of November 28, 2007 is granted and enforcement of the judgment of November 28, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 6, 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 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.
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.
That branch of the motion for poor person relief is denied without prejudice to renewal upon proper notice and papers.
Absent is an affidavit of service showing service of motion papers on the County Attorney as mandated by CPLR 1101 (c) as well as financial information necessary to make a determination.