| Linden Lefferts LLC v Myrna Cox & Gregory Cox, Tenants, Jenna Saveur & "jane Doe", -and- Undertenants, Jean Ferdinand s/h/a "john Doe" |
| Motion No: 2009-01959 KC |
| Slip Opinion No: 2009 NY Slip Op 90095(U) |
| Decided on November 25, 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
| LINDEN LEFFERTS LLC, Respondent, -against- MYRNA COX and GREGORY COX, Tenants, JENNA SAVEUR & "JANE DOE", -and- Undertenants, JEAN FERDINAND s/h/a "JOHN DOE", Appellant. |
DECISION The branch of the motion by appellant Jean Ferdinand for a stay pending the hearing and determination of the appeal is granted on condition that the appeal is perfected on or before February 5, 2010. Appellant 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.
The branch of the motion for leave to appeal is denied as unnecessary.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.