| Joseph Tuana v Paul T. Heuston |
| Motion No: 2009-00239 PC |
| Slip Opinion No: 2009 NY Slip Op 76851(U) |
| Decided on June 23, 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 landlord-respondent to vacate the stay contained in the order of this court dated April 7, 2009 is denied on condition that within 10 days from the date of the order hereon tenant-appellant deposit with the court below the judgment amount of $32,400 and continue to comply with the other conditions of the order of April 7, 2009. Tenant shall file with this court proof of deposit of the judgment amount 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.
Scheinkman, J., taking no part.