| Vincent Lila & Idonnecar Lila v Simone Henry |
| Motion No: 2009-01463 KC |
| Slip Opinion No: 2009 NY Slip Op 86387(U) |
| Decided on October 14, 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
| VINCENT LILA and IDONNECAR LILA, Respondents, -against- SIMONE HENRY, Appellant. |
DECISION On the court's own motion, motions by tenant-appellant returnable September 2, 2009 and September 30, 2009, are consolidated for purposes of disposition. Motions by tenant-appellant to stay enforcement of the judgment of June 5, 2009 are granted and enforcement of the judgment of June 5, 2009 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 4, 2009. Within 10 days from the date of the order hereon, tenant shall deposit with the court below the amount of the judgment together with any and all arrears in rent and/or use and occupancy from June 1, 2009, at the rate previously payable as rent. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Tenant shall file with this court proof of deposit of the judgment 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.