Corbin Realty v Lloyd Ogman
Motion No: 2010-00723 kc
Slip Opinion No: 2010 NY Slip Op 82888(U)
Decided on September 14, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-723 K C
Corbin Realty, Respondent, v Lloyd Ogman, Appellant, and Katrina Ogman, Tenant.

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, Kings County, entered February 18, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion is granted on condition that within 10 days of the date of this decision and order appellant deposit into the court below the sum of $3,487.61, representing the balance of arrears in base rent through August 2010, and continue to pay respondent use and occupancy at the rate previously payable as rent as it becomes due, and on the further condition that appellant perfect the appeal by October 1, 2010; and it is further,

ORDERED, on the court's own motion, that appellant's time to perfect the appeal is enlarged to 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:

Michael L. Pesce

Presiding Justice