Wincrest Tenants Corp. v Gladys Berkenfeld
Motion No: 2009-00316 WC
Slip Opinion No: 2009 NY Slip Op 80433(U)
Decided on August 5, 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 : 9th and 10th JUDICIAL DISTRICTS


PRESENT :TANENBAUM, J.P., MOLIA and SCHIENKMAN, JJ.


NO. 2009-316 W C
WINCREST TENANTS CORP.,

Respondent,

-against-

GLADYS BERKENFELD,

Appellant,

-and-

JOHN and JANE DOE,

Undertenants.

DECISION

Motion by tenant-appellant to stay the order of the court below dated March 31, 2009, is granted and enforcement of the order of March 31, 2009 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2009.

On the court's own motion, the stay contained in the order of this court dated April 7, 2009, is continued on condition that tenant perfects the appeal by September 4, 2009 and continues to comply with the other conditions contained in the order of this court dated April 7, 2009.

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.