Pinebrook Apt. Co., LLC v Diane Espinosa
Motion No: 2015-00580 SC
Slip Opinion No: 2015 NY Slip Op 75430(U)
Decided on May 28, 2015
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

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2015-580 S C
Pinebrook Apartment Co., LLC, Respondent, v Diane Espinosa, Appellant, et al., Undertenants.

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fifth District, entered April 2, 2015.

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 September 4, 2015, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to pay use and occupancy to respondent 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 its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk