| Joseph Tuana v Paul T. Heuston |
| Motion No: 2009-00239 PC |
| Slip Opinion No: 2009 NYSlipOp 69637(U) |
| Decided on April 7, 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
| JOSEPH TUANA, Respondent, -against- PAUL T. HEUSTON, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of January 7, 2009 is granted and enforcement of the judgment of January 7, 2009 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 of $1,800 per month 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.