| Charlie Zito & Eddie Doran v Linda Paris |
| Motion No: 2009-00589 RIC 04-22-2009 |
| Slip Opinion No: 2009 NY Slip Op 79358(U) |
| Decided on July 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| CHARLIE ZITO and EDDIE DORAN, Respondents, -against- LINDA PARIS, Appellant, -and- SABRINA A. ANDERSON, JAKE SANCHEZ and JONATHAN BELLO, Defendants. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of March 23, 2009, is granted and enforcement of the order of March 23, 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 $3,205, representing arrears in rent and/or use and occupancy owed through June 2009. Tenant shall continue to pay use and occupancy to landlord as it becomes due from July 1, 2009 at the rate of $735 per month. Tenant shall file with this court proof of deposit of the sum of $3,205 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 respondents may move to vacate the stay on 3 days' notice.