| 1215 Realty Assoc., LLC v Magdalena Thomas |
| Motion No: 2010-01366 kc |
| Slip Opinion No: 2011 NY Slip Op 70152(U) |
| Decided on April 11, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 1215 Realty Associates, LLC, Respondent, v Magdalena Thomas, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 10, 2010, to vacate a stay granted by decision and order of this court dated July 9, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that within 10 days from the date of this decision and order appellant deposit with the Civil Court any and all arrears in rent and/or use and occupancy from July 1, 2010 at the rate previously payable as rent and continue to deposit use and occupancy at a like rate as it becomes due. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy 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:
Michael L. Pesce
Presiding Justice