| Stuart Reis v Philip Niosi & Danise Niosi |
| Motion No: 2009-00760 NC |
| Slip Opinion No: 2009 NY Slip Op 76854(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
| STUART REIS, Respondent, -against- PHILIP NIOSI and DANISE NIOSI, Appellants, -and- "JOHN DOE" & "JANE DOE", Undertenants. |
DECISION
On the court's own motion, motion by tenants-appellants returnable April 21, 2009 and motion by landlord-respondent returnable May 26, 2009, are consolidated for purposes of disposition.
Motion by respondent to file late opposition is granted.
Motion by tenants-appellants to stay enforcement of the order of April 8, 2009, is granted and enforcement of the order of April 8, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before Septmeber 4, 2009. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent 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.
Scheinkman, J., taking no part.