| Pc 999 High St. Corp. v Pamela Blackburn |
| Motion No: 2009-00971 WC 06-19-2009 |
| Slip Opinion No: 2009 NY Slip Op 82228(U) |
| Decided on August 28, 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 : 9th and 10th JUDICIAL DISTRICTS
| PC 999 HIGH STREET CORP., Respondent, -against- PAMELA BLACKBURN, Appellant. |
DECISION On the court's own motion, Appeals Nos. 2009-971 W C and 2009-1550 W C are consolidated for purposes of disposition of this motion and Appeal No. 2009-971 W C is dismissed.
Motion by tenant-appellant to stay all proceedings pending determination of the appeal is granted on condition that the appeal is perfected on or before November 6, 2009. Tenant is directed to pay to landlord 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.
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.
Appeal No. 2009-971 W C is dismissed because no appeal lies from an unopposed judgment entered pursuant to the parties' stipulation (see Chemical Bank v Zisholtz, 227 AD2d 580 [1996]).