| George Todd v Latwonya Darby |
| Motion No: 2009-01884 kc |
| Slip Opinion No: 2010 NY Slip Op 69395(U) |
| Decided on April 19, 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
| GEORGE TODD, Respondent, -against- LATWONYA DARBY, Appellant. |
DECISIONOn the court's own motion, motions by landlord-respondent returnable February 2, 2010 and motions by tenant appellant returnable March 24, 2010 and April 2, 2010 are consolidated for purposes of disposition.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated January 11, 2010 is denied.
The branches of the motions by tenant-appellant seeking to continue the stay contained in the order of this court dated January 11, 2010 are granted on condition that tenant perfect the appeal by July 2, 2010. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at tenant's share of the rent of $64 per month within 10 days from the date of this order and continue to pay landlord use and occupancy at the rate of $64 thereafter as it becomes due.
The branches of the motions seeking an enlargement of time to perfect the appeal are granted and the appeal shall be perfected by July 2, 2010.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.
We note that tenant has deposited $408 with the Civil Court, which is $24 more than was owed as her share of use and occupancy through April 2010.