| Darren Falasca & Joan Whitley v Chidi David |
| Motion No: 2010-01533 wc |
| Slip Opinion No: 2010 NY Slip Op 80541(U) |
| Decided on August 19, 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
| Darren Falasca and Joan Whitley, Respondents, v Chidi David, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Greenburgh, Westchester County, entered June 10, 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 within 10 days from the date of this decision and order appellant deposit with the Justice Court any and all arrears in rent and/or use and occupancy at the rate of $1,800 from August 1, 2010 and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by October 1, 2010. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit, 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 respondents may move to vacate the stay on three days' notice.
ENTER:
Francis A. Nicolai
Presiding Justice