Manuel Escobar v Richard Snow & Belinda Snow
Motion No: 2012-01321 sc
Slip Opinion No: 2012 NY Slip Op 79532(U)
Decided on July 13, 2012
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

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-1321 S C
Manuel Escobar, Respondent, v Richard Snow and Belinda Snow, Appellants.

Motion by appellants for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered May 21, 2012.

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 October 5, 2012. Appellants are directed to deposit with the court below the amount of the judgment together with any and all arrears from June 1, 2012 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 use and occupancy to respondent as it becomes due, and shall file with this court proof of deposit of the judgment amount and any 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