| Azour L.L.C. v Tax Sister Inc. & Sherrie F. Power |
| Motion No: 2009-00837 QC |
| Slip Opinion No: 2009 NY Slip Op 76866(U) |
| Decided on June 25, 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
| AZOUR LLC., Respondent, -against- THE TAX SISTER INC. & SHERRIE F. POWER, Appellants, -and- "ABC CORP.", JOHN DOE #1 & JANE DOE #1, Respondents. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of January 9, 2009 is granted and enforcement of the order of January 9, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2009. Within 10 days from the date of the order hereon tenant shall deposit with the court below the amount of the judgment together with any and all arrears in rent and/or use and occupancy from October 1, 2008 at the rate of $3,045 per month. Tenant shall continue to pay use and occupancy to landlord at the same rate as it becomes due. Tenant shall file with this court proof of deposit of the judgment and 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 respondent may move to vacate the stay on 3 days' notice.