Pembroke Realty Co. v Carolyn Green
Motion No: 2010-00272 kc
Slip Opinion No: 2010 NY Slip Op 76412(U)
Decided on July 1, 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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-272 K C
Pembroke Realty Co., Respondent, v Carolyn Green, Appellant and John Doe, Undertenant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 23, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion by appellant for a stay pending the 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 from May 1, 2010 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.

ENTER:

Marsha L. Steinhardt

Associate Justice