Cadman Towers, Inc. v John Barry & Raymond M. Weinstein As Adm'r of Estate of John J. Holub, Tenants, Raymond M. Weinstein
Slip Opinion No: 2010 NY Slip Op 66443(U)
Decided on March 22, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : RIOS, J.P., PESCE and STEINHARDT, JJ.

CADMAN TOWERS, INC.,

Respondent,

-against-
NO. 2010-86 K C

JOHN BARRY and RAYMOND M. WEINSTEIN
as the Administrator of the Estate
of JOHN J. HOLUB,

Tenants,
RAYMOND M. WEINSTEIN,

Appellant,
-and-

MARSHALL S. WEINSTEIN and
"JOHN or JANE DOE,"

Undertenants.

DECISION

Motion by appellant Raymond M. Weinstein to stay enforcement of the order of January 5, 2010 is granted and enforcement of the order of January 5, 2010 is stayed pending the hearing and determination of the appeal on condition that the appeal be perfected on or before June 4, 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.