| Mutual Hous. Assn. of N. Y., Inc. v Marciana Baez |
| Motion No: 2010-01404 kc |
| Slip Opinion No: 2010 NY Slip Op 77028(U) |
| Decided on July 7, 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Mutual Housing Association of New York, Inc., Respondent, v Marciana Baez, Appellant. |
Motion by appellant to be restored to possession of the premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 15, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by appellant to be restored to possession of the premises pending the determination of the appeal is granted and respondent is directed to restore appellant to possession forthwith; and it is further,
ORDERED that enforcement of the judgment is stayed pending the determination of the appeal on condition that appellant pay to respondent use and occupancy at the rate previously payable as rent from the date appellant is restored to possession of the premises and continue to pay respondent use and occupancy at a like rate as it becomes due, and on condition that appellant 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