| Qpii-143-44 Standford Ave. Llp. v Eric L. Spinner |
| Motion No: 2009-02442 qc |
| Slip Opinion No: 2010 NY Slip Op 63365(U) |
| Decided on February 3, 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
| QPII-143-44 STANDFORD AVENUE LLP., Respondent, -against- ERIC L. SPINNER, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending the hearing and determination of the appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below an additional $3,336.72 together with any and all arrears in rent and/or use and occupancy from November 1, 2009 at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by May 7, 2010. Tenant shall file with this court proof of deposit of the sum of $3,336.72 and any and all arrears in rent and/or use and occupancy within one business day after such deposit.
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.