| Arbern Caton Towers Assoc., L.L.C. v Howard Jankelewicz |
| Motion No: 2008-01754 KC |
| Slip Opinion No: 2008 NYSlipOp 88236(U) |
| Decided on November 5, 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
| ARBERN CATON TOWERS ASSOCIATES, LLC., Respondent, -against- HOWARD JANKELEWICZ, Appellant, CATON TOWERS OWNERS CORP. C/O CENTURY OPERATING CORP., Respondent. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of June 17, 2008 is granted and enforcement of the judgment of June 17, 2008 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by January 2, 2009. Tenant shall file with this court proof of deposit of the judgment and any and all arrears in rent and/or use and occupancy within one business day after such deposit and set forth good cause for his failure to comply with the deposit requirement contained in the order to show cause dated September 18, 2008.
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.