| Esses Props., Inc. v Alwyn A. Forde & Ravin's Computer Training Ctr., LLC |
| Motion No: 2009-00394 KC |
| Slip Opinion No: 2009 NY Slip Op 75298(U) |
| Decided on June 15, 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
| ESSES PROPERTIES, INC., Respondent, -against- ALWYN A. FORDE and RAVIN'S COMPUTER TRAINING CENTER, LLC, Appellant. |
DECISION
Motion by tenant-appellant to stay all proceedings pending determination of appeal granted on condition that within 10 days from the date of the order hereon, tenant deposit with the court below the amount of $10,000, and continue to deposit into court use and occupancy at the rate of $2,000 per month from July 1, 2009 as the same becomes due and upon the further condition that the appeal is perfected by September 4, 2009. Tenant shall file with this court proof of deposit of the sum of $10,000 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.