| First Cent. Sav. Bank v Jose Yglesia |
| Motion No: 2010-02618 sc |
| Slip Opinion No: 2010 NY Slip Op 92226(U) |
| Decided on December 22, 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
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| First Central Savings Bank, Respondent, v Jose Yglesia, Appellant, and Magdelena Yglesia et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered September 22, 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 from the date of this decision and order appellant deposit with the District Court use and occupancy at the rate of $1,980.68 per month from September 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 February 4, 2011. Appellant shall file with this court proof of deposit 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 respondent may move to vacate the stay on three days' notice.
ENTER:
Angela G. Iannacci
Justice Presiding