Appellate Division: Second Judicial Department

M79795

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-10502 Loretta Capolino, appellant, v Mario Bua, respondent. (Index No. 15664-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in a matter entitled Bua v Capolino, pending in the District Court, Fourth District, Suffolk County, under Docket No. SMLT 08-327, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 30, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and all proceedings in the matter entitled Bua v Capolino, pending in the District Court, Fourth District, Suffolk County, under Docket No. SMLT 08-327, are stayed pending hearing and determination of the appeal on condition that the appellant (1) pay use and occupancy to the respondent on or before the first day of every month in a sum equal to the monthly rent payable under the last year of the lease dated August 6, 1993, and (2) perfect the appeal on or before January 12, 2009; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court