| Stephen Khan v Carmela Cornacchia |
| Motion No: 2007-00521 WC |
| Slip Opinion No: 2008 NYSlipOp 79456(U) |
| Decided on July 29, 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 : 9th and 10th JUDICIAL DISTRICTS
| STEPHEN KHAN, Respondent, -against- CARMELA CORNACCHIA, Appellant. |
DECISION Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated May 17, 2007, and thereafter extended by orders dated September 11, 2007, and December 27, 2007, is granted on condition that tenant perfects the appeal by October 3, 2008. Tenant is directed to pay to landlord four months of arrears in rent 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 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.