| 5211 13th Ave. Trust, Akiva Jerusalem Ttee v Rivka Walter |
| Motion No: 2009-00528 KC |
| Slip Opinion No: 2009 NY Slip Op 73988(U) |
| Decided on May 27, 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
| 5211 13TH AVE. TRUST, AKIVA JERUSALEM TTEE, Respondent, -against- RIVKA WALTER, Respondent, -and- PARENT PENDING USA, INC., Non-party Tenant-Appellant. |
DECISION
On the court's own motion, motion by appellant returnable March 26, 2009, and motion by respondent returnable April 6, 2009, are consolidated for purposes of disposition.
Motion by respondent to file late opposition is granted.
Motion by non-party tenant-appellant to stay enforcement of the order of February 25, 2009, is granted and enforcement of the order of February 25, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 7, 2009. Appellant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $1,200 from February 1, 2008, 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.