| Lenton Warren v Raymond Leach |
| Motion No: 2010-01419 orc |
| Slip Opinion No: 2010 NY Slip Op 81085(U) |
| Decided on August 27, 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
| Lenton Warren, Respondent, v Raymond Leach, Appellant. |
Motion by respondent on an appeal from an order of the City Court of Newburgh, Orange County, entered June 4, 2010, to vacate a stay contained in an order of this court dated July 2, 2010.
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 respondent to vacate the stay contained in the order of this court dated July 2, 2010 is denied on condition that within 10 days of the date of this decision and order appellant pay to respondent use and occupancy at the rate previously payable as rent from the date appellant was restored to possession of the premises and continue to pay respondent use and occupancy at a like rate as it becomes due, and on condition that appellant perfect the appeal on or before October 1, 2010; 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