| Donna Hines v Wynell Ambrose |
| Motion No: 2008-01693 SC 01-29-2009 |
| Slip Opinion No: 2009 NYSlipOp 67386(U) |
| Decided on March 18, 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
| DONNA HINES, Respondent, -against- WYNELL AMBROSE, Appellant, -and- JOHN DOE and JANE DOE, Undertenants. |
DECISION
Motion by landlord-respondent to vacate the stay contained in the order of this court dated November 28, 2008 is denied and tenant's stay continued on condition that the appeal is perfected by June 5, 2009 and that within 10 days from the date of the order hereon tenant deposits with the court below any and all arrears in rent and/or use and occupancy from April 1, 2008 at the rate of tenant's share of the rent. Tenant shall continue to pay her share of the rent and/or 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 at her share of the rent from April 1, 2008 within one business day after such deposit.
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.