| 104 Realty, LLC v Tuvia Ben Shmuel Yosef |
| Motion No: 2010-02103 qc |
| Slip Opinion No: 2010 NY Slip Op 85041(U) |
| Decided on October 5, 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.
JAIME A. RIOS,
MARSHA STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 104 Realty, LLC, Respondent, v Tuvia Ben Shmuel Yosef, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered June 24, 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 the appeal be perfected on or before December 3, 2010. Appellant is directed to pay to respondent 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 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:
Paul Kenny
Chief Clerk