| T. Shwartz v Sruli Federman |
| Motion No: 2009-02417 kc 12-17-2009 |
| Slip Opinion No: 2010 NY Slip Op 62576(U) |
| Decided on January 29, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| T. SHWARTZ, Respondent, -against- SRULI FEDERMAN, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of November 24, 2009 is granted and enforcement of the order of November 24, 2009 is stayed pending the hearing and determination of the appeal on condition that the appeal be perfected on or before April 2, 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.
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.