| Esses Props., Inc. v Alwyn A. Forde |
| Motion No: 2009-00394 KC |
| Slip Opinion No: 2009 NY Slip Op 80339(U) |
| Decided on July 28, 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
| ESSES PROPERTIES, INC., Respondent, -against- ALWYN A. FORDE, Appellant, -and- RAVIN'S COMPUTER TRAINING CENTER, LLC, Tenant. |
DECISION
Motion by tenant-appellant, in essence, to continue the stay contained in the order of this court dated June 15, 2009 is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of $5,000 as well as use and occupancy at the rate of $2,000 per month from July 1, 2009 and continue to deposit use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by September 4, 2009. Tenant shall file with this court proof of deposit of the sum of $5,000 and any and all use and occupancy due from July 1, 2009 within one business day after such deposit.
Cross motion by landlord-respondent to vacate the stay contained in the order of this court dated June 15, 2009 is denied.
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 three days' notice.