| William Lenton v Raymond Leach |
| Motion No: 2010-01419 orc |
| Slip Opinion No: 2010 NY Slip Op 76420(U) |
| Decided on July 2, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| William Lenton, Respondent, v Raymond Leach, Appellant. |
Motion by appellant to be restored to possession of the premises pending the determination of an appeal from a final judgment of the City Court of Newburgh, Orange County, entered June 4, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by appellant to be restored to possession of the premises pending determination of the appeal is granted and landlord is directed to restore tenant to possession forthwith; and it further,
ORDERED that enforcement of the judgment is stayed pending determination of the appeal on condition that tenant pay to landlord use and occupancy at the rate previously payable as rent from the date tenant is restored to possession of the premises and continue to pay landlord use and occupancy at a like rate as it becomes due, and on condition that tenant perfect the appeal on or before October 1, 2010; and it is further,
ORDERED that in the event that any of the above conditions for remaining in the premises following restoration 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:
Paul Kenny
Chief Clerk