| Rochdale Vil., Inc. v Eric Miller, Adm'r of Estate of Osborne Miller, Tenant, & Peggy Morris |
| Motion No: 2010-01397 qc |
| Slip Opinion No: 2010 NY Slip Op 79866(U) |
| Decided on August 4, 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
| Rochdale Village, Inc., Respondent, v Eric Miller, Administrator of the Estate of Osborne Miller, Tenant, and Peggy Morris, 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, Queens County, entered June 7, 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 for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before November 5, 2010. Appellant is directed to pay to respondent the sum of $5,438.69 and any and all arrears in rent and/or use and occupancy from July 1, 2010 at the rate previously payable as rent within 10 days from the date of this decision and 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:
Joseph G. Golia
Associate Justice