| Monastary Manor v Stephen Donati |
| Motion No: 2009-00722 WC |
| Slip Opinion No: 2009 NY Slip Op 77419(U) |
| Decided on July 1, 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
| MONASTARY MANOR, Respondent, -against- STEPHEN DONATI, Appellant. |
DECISION Motion by tenant-appellant to stay enforcement of the order of April 2, 2009 is granted and enforcement of the order of April 2, 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 from January 1, 2009 at the rate previously payable as tenant's share of 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.