Laurence Loscalzo v Melina Rodriguez
Motion No: 2011-01356 sc
Slip Opinion No: 2011 NY Slip Op 77512(U)
Decided on June 24, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2011-1356 S C
Laurence Loscalzo, Respondent, v Melina Rodriguez, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Third District, entered April 21, 2011.

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 pay respondent any and all arrears in rent and/or use and occupancy at the rate of $825 per month from May 1, 2011 and continue to pay respondent use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by September 2, 2011; 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