| Rachel Taub & Perl Fein v Katalin Pota |
| Motion No: 2009-00657 KC 04-16-2009 |
| Slip Opinion No: 2009 NY Slip Op 75988(U) |
| Decided on June 16, 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
| RACHEL TAUB and PERL FEIN, Respondents, -against- KATALIN POTA, Appellant. |
DECISION Motion by tenant-appellant to stay enforcement of the judgment of March 12, 2009 is granted and enforcement of the judgment of March 12, 2009 is stayed 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 any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, from the date of the judgment 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 July 2, 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 respondents may move to vacate the stay on 3 days' notice.