| 3103 Realty, L.L.C. v Adanilsa Cepeda |
| Motion No: 2008-00741 KC |
| Slip Opinion No: 2008 NYSlipOp 73801(U) |
| Decided on May 30, 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
| 3103 REALTY, LLC., Respondent, -against- ADANILSA CEPEDA, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of April 9, 2008 is granted and enforcement of the order of April 9, 2008 is stayed pending determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent from April 1, 2008, and continue to deposit into court use and occupancy at a like rate as the same becomes due, and upon the further condition that the appeal is perfected by August 1, 2008. Tenant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
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.