| 130 Fenimore St., L.L.C., Petitioner v Jesula Denis |
| Motion No: 2008-01720 KC 10-29-2008 |
| Slip Opinion No: 2008 NYSlipOp 90181(U) |
| Decided on November 24, 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
| 130 FENIMORE STREET, LLC., Petitioner, -against- JESULA DENIS, Respondent. |
DECISION
Motion by tenant-appellant is granted to the extent of restoring tenant to possession of the premises pending determination of the appeal on condition that within 10 days of the date of the order hereon tenant pay landlord the sum of $2,477.13, which may include the tender of funds from DSS; otherwise, motion is denied. Tenant shall be restored to possession forthwith upon making the payment.
In the event tenant satisfies the foregoing payment to landlord, a stay pending hearing and determination of the appeal is granted on condition that tenant pay to landlord use and occupancy at the rate previously payable as rent from the date tenant is restored to possession of the premises and continue to pay landlord use and occupancy at a like rate as it becomes due, and on condition that tenant perfects the appeal on or before February 6, 2009.
In the event that any of the above conditions for remaining in the premises following restoration are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.