| Joffco, Inc. v Gilbert Schweitzer, Iii |
| Motion No: 2011-02222 sc |
| Slip Opinion No: 2011 NY Slip Op 89732(U) |
| Decided on November 10, 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
| Joffco, Inc., Respondent, v Gilbert Schweitzer, III, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Second District, entered June 7, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before January 6, 2012. Appellant is directed to deposit with the court below the amount of the judgment together with any and all arrears in rent and/or use and occupancy from July 1, 2011 at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondent as it becomes due, and shall file with this court proof of deposit of the judgment amount 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