| Park Ave. Realty Assoc., L.L.C. v Anthony C. Martin |
| Motion No: 2009-01756 ORC 09-09-2009 |
| Slip Opinion No: 2009 NY Slip Op 87702(U) |
| Decided on October 27, 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
| PARK AVENUE REALTY ASSOCIATES, LLC., Respondent, -against- ANTHONY C. MARTIN, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment entered July 24, 2009 is granted and enforcement of the judgment entered July 24, 2009 is stayed pending the hearing and determination of the appeal on condition that the appeal is perfected on or before December 4, 2009. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from August 1, 2009 at the rate previously payable as tenant's share of the 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.