| Jennifer Stadt v Timothy Durkin & Andrea Durkin |
| Motion No: 2010-03173 roc |
| Slip Opinion No: 2011 NY Slip Op 65103(U) |
| Decided on February 17, 2011 |
| 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
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Jennifer Stadt, Respondent, v Timothy Durkin and Andrea Durkin, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Stony Point, Rockland County, entered October 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 the appeal be perfected on or before April 1, 2011. Appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy from November 1, 2010 at the rate previously payable as rent within 10 days from the date of this decision and 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:
Francis A. Nicolai
Presiding Justice