| Canada Leasing LLC v Aundrea Woodall |
| Motion No: 2009-00149 QC |
| Slip Opinion No: 2009 NYSlipOp 68090(U) |
| Decided on March 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: 2nd, 11th and 13th JUDICIAL DISTRICTS
| CANADA LEASING LLC, Respondent, -against- AUNDREA WOODALL, Respondent, -and- JOHN BERNABE, Non-Party-Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment is granted and a stay is granted pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by June 5, 2009. 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.
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.