| Freeport Hous. Auth. v Janet Stewart |
| Motion No: 2008-02155 NC 01-14-2009 |
| Slip Opinion No: 2009 NYSlipOp 68098(U) |
| Decided on March 30, 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
| FREEPORT HOUSING AUTHORITY, Respondent, -against- JANET STEWART Appellant, -and- SHANIQUA STEWART, Undertenant. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of the judgment of September 24, 2008, is granted and enforcement of the judgment of September 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 tenant's share of the 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.
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.