| Andrew Nachajski, Walsemar Nachajski, Jan Nachajski & Halina Chmura v No~ 2010-72 K C Danuta Siwiec |
| Slip Opinion No: 2010 NY Slip Op 67433(U) |
| Decided on March 26, 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
| ANDREW NACHAJSKI, WALSEMAR NACHAJSKI, JAN NACHAJSKI and HALINA CHMURA, Respondents, -against- NO. 2010-72 K C DANUTA SIWIEC, Appellant. |
DECISION On the court's own motion, the motions by tenant-appellant returnable January 27, 2010 and February 25, 2010 are consolidated for purposes of disposition.
Motion by tenant-appellant to file a late reply is granted and deemed timely served and filed.
Motion by tenant-appellant for a stay pending 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 any and all arrears in rent and/or use and occupancy from January 1, 2010 at the rate previously payable as rent, and continue to deposit into court use and occupancy at a rate as the same becomes due and upon the further condition that the appeal be perfected by June 4, 2010. Tenant shall file with this court proof of deposit of 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.