| Gaspare J. Randazzo v Jeffrey Amster & Laura Amster |
| Motion No: 2011-00726 nc |
| Slip Opinion No: 2011 NY Slip Op 75128(U) |
| Decided on June 3, 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.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Gaspare J. Randazzo, Respondent, v Jeffrey Amster and Laura Amster, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered February 7, 2011, for, in effect, summary reversal, and for other related relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before July 1, 2011. Appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy 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; and it is further,
ORDERED that the remaining branches of the motion are denied.
ENTER:
Angela G. Iannacci
Associate Justice