| Julio Fernandez & Benigo Fernandez v M & V Group, Inc., Vijendra Sheth & Muhammad Salah |
| Motion No: 2009-01094 QC |
| Slip Opinion No: 2009 NY Slip Op 81331(U) |
| Decided on August 20, 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
| JULIO FERNANDEZ and BENIGO FERNANDEZ, Respondents, -against- M & V GROUP, INC., VIJENDRA SHETH and MUHAMMAD SALAH, Appellants, -and- "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Motion by tenants-appellants to stay enforcement of the final judgment entered February 23, 2009 is granted and enforcement of the final judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 2, 2009. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy from July 1, 2009, 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.
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.