| 43 Bronx Riv. Rd. Owners, Inc. v Jeannine Novelli |
| Motion No: 2009-02283 WC |
| Slip Opinion No: 2010 NY Slip Op 60711(U) |
| Decided on January 6, 2010 |
| 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
| 43 BRONX RIVER ROAD OWNERS, INC., Respondent, -against- JEANNINE NOVELLI, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending the hearing and determination of the appeal is granted on condition that the appeal be 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 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.
Cross motion by landlord-respondent to dismiss the appeal as untimely is denied (CPLR 5513 [a]).
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.