Broadway & Berry Assoc. v No. 2010-390 K C Luisa Westerband
Slip Opinion No: 2010 NY Slip Op 68253(U)
Decided on April 8, 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 : GOLIA, J.P., WESTON and RIOS, JJ.

BROADWAY & BERRY ASSOCIATES,

Respondent,

-against-

NO. 2010-390 K C

LUISA WESTERBAND,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending the hearing and determination of the appeal is granted on condition that the appeal be perfected on or before July 2, 2010. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $521 per month from March 1, 2010, 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.