D'alessandro Assoc., Inc. v Ena Bacquie
Motion No: 2011-02285 qc
Slip Opinion No: 2011 NY Slip Op 85765(U)
Decided on September 28, 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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2011-2285 Q C
D'Alessandro Associates, Inc., Respondent, v Ena Bacquie, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 18, 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 deposit with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy at the rate of $1,800 per month, 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 December 2, 2011. Appellant shall file with this court proof of deposit of the judgment and 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:

Paul Kenny

Chief Clerk