| Lutheran Hous. Dev. Fund Corp. of Pawling Doing Bus. As King's Apts. v Carl Pooler & Beatha Pooler |
| Motion No: 2011-02164 dc |
| Slip Opinion No: 2011 NY Slip Op 85778(U) |
| Decided on September 27, 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
| Lutheran Housing Development Fund Corporation of Pawling Doing Business as The King's Apartments, Respondent, v Carl Pooler and Beatha Pooler, Appellants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Village of Pawling, Dutchess County, entered July 7, 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 the appeal be perfected on or before December 2, 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 it own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk