Willard J. Price v Omar Mckenzie
Motion No: 2008-01204 KC
Slip Opinion No: 2008 NYSlipOp 80886(U)
Decided on August 15, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., RIOS and STEINHARDT, JJ.


NO. 2008-1204 K C
WILLARD J. PRICE,

Respondent,

-against-

OMAR McKENZIE,

Appellant.

DECISION

Motion by tenant-appellant to stay all proceedings to enforce the order of Civil Court, City of New York, Kings County dated June 11, 2008 is granted and enforcement of the order of June 11, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 7, 2008. Tenant-appellant is directed to pay to landlord-respondent any and all arrears in rent and/or use and occupancy and legal fees pursuant to the stipulation of March 11, 2008 within 10 days from the date of this order and to continue to pay landlord use and occupancy and legal fees as they become due.

In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or landlord-respondent may move to vacate the stay on three days' notice.