| Jia Yong Chen Jin Zhi Chen v No~ 2010-181 K C Donanso Vallecillo |
| Slip Opinion No: 2010 NY Slip Op 64637(U) |
| Decided on February 24, 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
| JIA YONG CHEN JIN ZHI CHEN, Respondents, -against- NO. 2010-181 K C DONANSO VALLECILLO, Appellant. |
DECISION
Motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal is granted and landlord is directed to restore tenant to possession forthwith.
Enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that tenant pay to landlord use and occupancy at the rate previously payable as rent from the date tenant is restored to possession of the premises and continue to pay landlord use and occupancy at a like rate as it becomes due, and on condition that tenant perfect the appeal on or before May 7, 2010.
In the event that any of the above conditions for remaining in the premises following restoration 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.
The court notes that tenant has deposited the sum of $1,900 with the Civil Court.