| David Zelman v Jenny Elbaz |
| Motion No: 2012-01234 kc |
| Slip Opinion No: 2012 NY Slip Op 80464(U) |
| Decided on July 27, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| David Zelman, Respondent, v Jenny Elbaz, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 31, 2012, in effect, to modify so much of this court's decision and order on motion dated June 27, 2012 as directed appellant to continue to pay use and occupancy to respondent as it becomes due, and to continue the stay granted by that decision and order on motion.
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 and this court's decision and order on motion dated June 27, 2012 is amended to provide that appellant shall within 10 days from the date of this decision and order deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as her share of the rent, 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 October 5, 2012. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit.
ENTER:
Paul Kenny
Chief Clerk