| 928 Myrtle Ave, L.L.C. v Migdalia Plaza |
| Motion No: 2008-00748 KC |
| Slip Opinion No: 2008 NYSlipOp 75622(U) |
| Decided on June 23, 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
| 928 MYRTLE AVE, LLC., Respondent, -against- MIGDALIA PLAZA, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order dated March 21, 2008 is granted pending determination of the appeal on condition that the appeal is perfected on or before September 5, 2008. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $763.20 per month from May 1, 2008 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.