| 175 E. Parkway Assoc. v Jean Paul Baptiste a/k/a Constant Jean Baptiste, Jr., -and |
| Motion No: 2009-00282 KC |
| Slip Opinion No: 2009 NY Slip Op 85657(U) |
| Decided on October 9, 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
| 175 EASTERN PARKWAY ASSOCIATES, Respondent, -against- JEAN PAUL BAPTISTE a/k/a CONSTANT JEAN BAPTISTE, JR., -and- Appellant, STEVEN J. SINDOS, "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
That branch of the motion by tenant-appellant to stay enforcement of all proceedings pending hearing and 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.
That branch of the motion for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by November 6, 2009.
Cross motion by landlord-respondent to dismiss the appeal for failure to prosecute is denied.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on three days' notice.