| Navy Yard Hous. Dev. Fc, Inc. v No~ 2010-12 K C Estate of Thelma Williams, Tenant, John Doe & Jane Doe, Undertenants, -and- Terry Clark |
| Slip Opinion No: 2010 NY Slip Op 63370(U) |
| Decided on February 4, 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
| NAVY YARD HOUSING DEVELOPMENT FC, INC. Respondent, -against- NO. 2010-12 K C THE ESTATE OF THELMA WILLIAMS, Tenant, JOHN DOE and JANE DOE, Undertenants, -and- TERRY CLARK, Appellant. |
DECISION
Motion by appellant Terry Clark to stay enforcement of the judgment of December 1, 2009 is granted and enforcement of the judgment of December 1, 2009 is stayed pending the hearing and determination of the appeal on condition that the appeal be perfected on or before May 7, 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.
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.