| Starrett City, Inc. v Chantey Mceaddy |
| Motion No: 2008-01171 KC |
| Slip Opinion No: 2008 NYSlipOp 78423(U) |
| Decided on July 21, 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
| STARRETT CITY, INC., Respondent, -against- CHANTEY McEADDY, Appellant. |
DECISION
Motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal is granted and landlord is directed to restore tenant to possession forthwith.
Enforcement of the judgment entered December 21, 2007 is stayed pending hearing and determination of the appeal on condition that tenant pay to landlord use and occupancy at the rate previously payable as tenant's share of the rent from the date tenant is restored to possession of the premises and continue to pay landlord use and occupancy at a like rate as it becomes due, and on condition that tenant perfects the appeal on or before November 7, 2008.
In the event that any of the above conditions for remaining in the premises following restoration are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
The court notes that tenant has deposited money orders made payable to landlord totaling $1,600 into the Bankruptcy Court.