| Town House Mgt. v Belinsky, Joseph, et al. |
| Motion No: 570109/09 |
| Slip Opinion No: 2009 NY Slip Op 89385(U) |
| Decided on November 25, 2009 |
| Appellate Term, First 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. |
November 25, 2009
Town House Mgt. v Belinsky, Joseph, et al.
It is Ordered that the motion to vacate the stay is granted. The appellant has failed to comply with the orders of this court requiring the payment of accruing use and occupancy. Accordingly, the stay is vacated. The papers submitted as a cross motion, not having been timely served, were considered solely in opposition to the motion. (CPLR § 2215 and 2103[b][2]). Any application to re-instate the stay must be made after the deposit of $3,320.44 with the Clerk of the Civil Court. This sum represents only the August to November 2009 use and occupancy, at $991.36 per month , less six payments of $107.50 made by D S S. The substantial additional arrears outstanding have not been addressed by this court.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570109/09