| Hugh J. Sneddon, Landlord v Helena Greene & Lawrence Greene, Tenants. |
| Motion No: 2008-01546 WC |
| Slip Opinion No: 2008 NYSlipOp 89327(U) |
| Decided on November 6, 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 : 9th and 10th JUDICIAL DISTRICTS
| HUGH J. SNEDDON, Landlord, -against- HELENA GREENE and LAWRENCE GREENE, Tenants. |
DECISION
That branch of the motion by tenants seeking leave to appeal pursuant to UJCA 1702 (c) is granted.
That branch of the motion by tenants to stay trial pending determination of the appeal is granted and enforcement of the order of August 7, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 2, 2009. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy from September 1, 2008 at the rate of $2,550 per month 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 may move to vacate the stay on three days' notice.