| Vicky Inc. v Ghada Haddad, Doing Bus. As Broadway Deli & As G H Broadway Deli, Inc. |
| Motion No: 2010-01080 wc |
| Slip Opinion No: 2010 NY Slip Op 78349(U) |
| Decided on July 22, 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.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Vicky Incorporated, Respondent, v Ghada Haddad, Doing Business as Broadway Deli and as G H Broadway Deli, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered March 26, 2010, and motion by respondent for leave to file late opposition to appellant's motion.
Upon the papers filed in support of the motions, it is,
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion for leave to file late opposition is granted and the opposing papers are deemed timely served and filed; and it is further,
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 October 1, 2010. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay respondent 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.
ENTER:
Angela G. IannacciAssociate Justice