| Burnfort Mgmt, LLC v Jorge Casapia & Paula Racacha |
| Motion No: 2008-01153 QC |
| Slip Opinion No: 2008 NYSlipOp 90157(U) |
| Decided on November 18, 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
| BURNFORT MGMT, LLC, Respondent, -against- JORGE CASAPIA and PAULA RACACHA, Appellants. |
DECISION
Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated July 17, 2008, is granted on condition that tenants perfect the appeal by February 6, 2009. Tenants are directed to pay to landlord within 10 days of the date of this order any and all arrears from October 1, 2008 and to continue to pay landlord use and occupancy as it becomes due.
In the event that 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.