| Burnfort Mgmt, LLC v Jorge Casapia & Paula Racacha |
| Motion No: 2008-01153 QC |
| Slip Opinion No: 2008 NYSlipOp 78413(U) |
| Decided on July 17, 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
| BURNFORT MGMT, LLC, Respondent, -against- JORGE CASAPIA and PAULA RACACHA, Appellants. |
DECISION
Motion by tenants-appellants to stay enforcement of the order of April 18, 2008, is granted and enforcement of the order of April 18, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 3, 2008. Tenants are 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.