| 47-50 41st St. Assoc., L.L.C. v Michael Bertuna |
| Motion No: 2008-01194 QC |
| Slip Opinion No: 2008 NYSlipOp 80863(U) |
| Decided on August 12, 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
| 47-50 41ST STREET ASSOC., LLC., Respondent, -against- MICHAEL BERTUNA, Respondent, -and- JEANNE BERTUNA, Appellant. |
DECISION Motion by undertenant-appellant to stay enforcement of the order of January 22, 2008 granted and enforcement of the order of January 22, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal be perfected on or before November 7, 2008. Undertenant is directed to pay to landlord-respondent 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 landlord-respondent may move to vacate the stay on three days' notice.