| Qpii-35-12 99th St. LLC v Sandra Batista |
| Motion No: 2009-02198 QC |
| Slip Opinion No: 2009 NY Slip Op 92658(U) |
| Decided on December 24, 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
| QPII-35-12 99TH STREET LLC, Respondent, -against- SANDRA BATISTA, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending the hearing and determination of the appeal is granted on condition that the appeal is perfected on or before March 5, 2010. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from November 1, 2009 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.
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.