| 2 Macon St. Assoc. L.P. v Etwin Sealy, Tenant, Marquita Durant |
| Motion No: 2009-01304 KC |
| Slip Opinion No: 2009 NY Slip Op 81341(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
| 2 MACON STREET ASSOCIATES L.P., Respondent, -against- ETWIN SEALY, Tenant, MARQUITA DURANT, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant Marquita Durant to stay enforcement of the final judgment pending determination of the appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy from July 1, 2009 at the rate previously payable as rent, 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 November 6, 2009. Tenant shall file with this court proof of deposit of 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.