Borough Park Cts. Assoc. v Carmen Santos
Motion No: 2009-00875 KC
Slip Opinion No: 2009 NY Slip Op 76868(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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.


NO. 2009-875 K C
BOROUGH PARK COURTS ASSOCIATES,

Appellant,

-against-

CARMEN SANTOS,

Respondent.

DECISION Motion by tenant-appellant to stay enforcement of the order of May 1, 2009, is granted and enforcement of the order of May 1, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2009. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as tenant's share of the 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.