| Angelo Merenda v Howard L. Fried |
| Motion No: 2010-00870 wc |
| Slip Opinion No: 2010 NY Slip Op 75258(U) |
| Decided on June 21, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Angelo Merenda, Respondent, v Howard L. Fried, Appellant. |
Motion by appellant for a stay pending the hearing and determination of the appeal and to consolidate appeals from orders of the City Court of New Rochelle, Westchester County, entered December 3, 2009 and April 19, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the branch of the motion by appellant seeking a stay pending the hearing and determination of the appeal is granted on condition that the appeal be perfected on or before September 3, 2010. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $2,900 per month from May 1, 2009 within 10 days of the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that 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; and it is further,
ORDERED that the branch of the motion seeking to consolidate the appeals from orders dated December 3, 2009 and April 19, 2010 is denied as moot.
The appeals from the orders have been consolidated under appeal number 2010-870 W C.
ENTER:
Angela G. Iannacci
Associate Justice