| Estate of Frank A. Toman v Natasha Harvey |
| Motion No: 2008-02237 DC |
| Slip Opinion No: 2009 NYSlipOp 65278(U) |
| Decided on February 26, 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
| ESTATE OF FRANK A. TOMAN, Respondent, -against- NATASHA HARVEY, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of November 24, 2008 is granted and enforcement of the judgment of November 24, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 5, 2009. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent 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 respondent may move to vacate the stay on 3 days' notice.