| 26 & 34 Butler, L.L.C. v Georgette Innocent |
| Motion No: 2009-01226 KC |
| Slip Opinion No: 2009 NY Slip Op 80881(U) |
| Decided on August 13, 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
| 26 & 34 BUTLER, LLC., Respondent, -against- GEORGETTE INNOCENT, Appellant, -and- YVES CARMEL MEIRUS, "JOHN DOE" and/or "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant for a stay pending determination of the appeal is granted on condition that the appeal is perfected on or before October 2, 2009. Tenant is directed to pay to landlord from the date of the judgment any and all arrears in rent and/or use and occupancy at the rate previously payable as 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. The stay is premised on the further condition that tenant's daughter, Yves Carmel Meirus, not reside at the subject premises pending determination of the appeal.
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.