| Pc 999 High St. Corp. v Pamela Blackburn |
| Motion No: 2009-01550 wc |
| Slip Opinion No: 2010 NY Slip Op 66352(U) |
| Decided on March 17, 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
| PC 999 HIGH STREET CORP., Respondent, -against- PAMELA BLACKBURN, Appellant. |
DECISION On the court's own motion, the motion by respondent returnable February 4, 2010 and the motion by appellant returnable February 19, 2010 are consolidated for disposition.
The branch of the motion by tenant-appellant seeking leave to submit late opposition to landlord's motion returnable February 4, 2010 is granted and tenant's opposition is deemed timely served and filed.
The branch of the motion by tenant-appellant seeking a temporary stay pending the determination of the motion is denied as moot.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated August 28, 2009 is denied on condition that within 10 days from the date of the order hereon tenant submit to this court and to landlord proof that she made payments from October 2009 through January 2010 in accordance with this court's August 28, 2009 order. Tenant shall continue to pay to landlord use and occupancy at a like rate as it becomes due and shall file with this court proof of payment within one business day of such payment.
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.