| Home Loan Servs., Inc. Successor By Merger To Natl. City Home Loan Servs. v Frances Moskowitz & "john & Jane Doe", Occupants, -and- Jacob Markowitz & Sarah Markowitz |
| Motion No: 2009-01851 KC 09-23-2009 |
| Slip Opinion No: 2009 NY Slip Op 88849(U) |
| Decided on November 17, 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
| HOME LOAN SERVICES, INC. Successor by Merger to NATIONAL CITY HOME LOAN SERVICES, Respondent, -against- FRANCES MOSKOWITZ and "JOHN and JANE DOE", Occupants, -and- JACOB MARKOWITZ and SARAH MARKOWITZ, Appellants. |
DECISION
Motion by occupants-appellants Jacob Markowitz and Sarah Markowitz to stay enforcement of the order of June 5, 2009 is granted and enforcement of the order of June 5, 2009 is stayed pending the hearing and determination of the appeal on condition that the appeal is perfected on or before January 8, 2010. Occupants-appellants are directed to pay to petitioner-respondent 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 petitioner-respondent use and occupancy at a like rate as it becomes due.
Cross motion by petitioner-respondent to vacate the temporary stay is denied as moot.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or petitioner-respondent may move to vacate the stay on three days' notice.