| Kew Gardens Realty Co. v Todd C. Bank |
| Motion No: 2008-01728 QC |
| Slip Opinion No: 2008 NYSlipOp 87366(U) |
| Decided on October 23, 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
| KEW GARDENS REALTY CO., Respondent, -against- TODD C. BANK, Appellant. |
DECISION
Motion by tenant-appellant to stay all proceedings pending hearing and determination of the appeal is granted on condition that the appeal is perfected on or before December 5, 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.