| Dorchester, L.L.C. v Jacqueline Morgan |
| Motion No: 2008-01459 NC |
| Slip Opinion No: 2009 NYSlipOp 60635(U) |
| Decided on January 8, 2009 |
| 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
| DORCHESTER, LLC., Respondent, -against- JACQUELINE MORGAN, Appellant. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of the order of June 9, 2008, is granted and enforcement of the order of June 9, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 6, 2009. Within 10 days from the date of the order hereon tenant shall deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Tenant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
That branch of the motion for poor person relief is granted.
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.
McCabe, J., taking no part.