| Kosc Dev. v Barry & Stacy Scott |
| Motion No: 2009-00896 KC |
| Slip Opinion No: 2009 NY Slip Op 78646(U) |
| Decided on July 14, 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
| KOSC DEVELOPMENT, Respondent, -against- BARRY and STACY SCOTT, Appellants. |
DECISION Motion by tenants-appellants to be restored to possession of the premises pending determination of the appeal is granted on condition that within 10 days of the date of the order hereon tenants deposit in the court below the sum of $1,200 representing use and occupancy for June 2009; otherwise motion is denied. Tenants shall be restored to possession forthwith upon making the deposit with proof of deposit provided to this court.
In the event tenants satisfy the foregoing deposit requirement, a stay of the order of May 7, 2009, is granted and enforcement of the order of May 7, 2009 is stayed pending hearing and determination of the appeal on condition that tenants deposit into court below use and occupancy at the rate of $1,200 per month from July 1, 2009, and continue to deposit said sum in the court below each month thereafter, and on condition that tenants perfect the appeal on or before August 7, 2009.
In the event that any of the above conditions for remaining in the premises following restoration are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.