| At & A Servs. Sta., Inc. v Worjee Bedian a/k/a Jacob Bedian |
| Motion No: 2009-01185 QC 07-17-2009 |
| Slip Opinion No: 2009 NY Slip Op 81333(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
| AT & A SERVICES STATION, INC., Respondent, -against- WORJEE BEDIAN a/k/a JACOB BEDIAN, Appellant, -and- "JOHN DOE" AND "JANE DOE", Respondents. |
DECISION
Motion by appellant to stay enforcement of the judgment of March 3, 2009 is granted and enforcement of the judgment of March 3, 2009 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon appellant deposit with the court below the amount of $25,000 and any and all arrears in rent and/or use and occupancy from August 1, 2009 at the rate of $2,500 per month, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by October 2, 2009. Appellant shall file with this court proof of deposit of the sum of $25,000 and any and all arrears in rent and/or use and occupancy 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 respondent may move to vacate the stay on three days' notice.