| Klein Props., L.L.C., Et Al. v Estate of Katherine Hammonds Et Al., Tenants, & Regene Hammonds |
| Motion No: 2010-01400 wc |
| Slip Opinion No: 2010 NY Slip Op 79874(U) |
| Decided on August 9, 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
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Klein Properties, LLC., et al., Respondents, v The Estate of Katherine Hammonds et al., Tenants, and Regene Hammonds, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the City Court of Mount Vernon, Westchester County, dated April 29, 2010, deemed from a final judgment of the same court entered June 8, 2010 (see CPLR 5512 [a]; 5520 [c]).
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 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 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:
Francis A. Nicolai
Presiding Justice