| Miriam Diaz v Aldo De Martino |
| Motion No: 2008-01146 QC 07-16-2008 |
| Slip Opinion No: 2008 NYSlipOp 80868(U) |
| Decided on August 13, 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
| MIRIAM DIAZ, Respondent, -against- ALDO De MARTINO, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of June 15, 2007, is granted and enforcement of the order of June 15, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 7, 2008. Tenant is 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.