Avalonbay Communities, Inc. v John Saluk

Avalonbay Communities, Inc. v John Saluk

Motion No: 2008-00355 SC

Slip Opinion No: 2008 NYSlipOp 72918(U)

Decided on May 12, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, J.P., TANENBAUM and SCHEINKMAN, JJ.

NO. 2008-355 S C

AVALONBAY COMMUNITIES, INC.,

Respondent,

-against-

JOHN SALUK,

Appellant.

DECISION

On the court's own motion, motion by tenant-appellant returnable March 13, 2008 and motion by landlord-respondent returnable March 27, 2008 are hereby consolidated for purposes of disposition.

Motion by tenant-appellant for a stay pending appeal is denied.

Motion by landlord-respondent to condition a stay on tenant making certain payments to landlord is denied as moot.