George Todd v Latwonya Darby
Motion No: 2010-01399 kc
Slip Opinion No: 2010 NY Slip Op 77042(U)
Decided on July 8, 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

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1399 K C
George Todd, Respondent, v Latwonya Darby, Appellant.

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 June 1, 2010, and for related relief.

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

ORDERED that tenant's motion for a stay and related relief is granted to the extent of staying all proceedings pending the determination of the appeal on condition that Appeal No. 2009-1884 K C be perfected by July 30, 2010; otherwise, tenant's motion is denied and all stays are vacated. Tenant is directed to pay landlord use and occupancy at the rate of $165 per month as it becomes due; and it is further,

ORDERED that in the event that the above payment condition is not met, respondent may move to vacate the stay upon three days' notice.

ENTER:

Paul Kenny

Chief Clerk