Avalonbay Communities, Inc. v Lenore Johnson
Motion No: 2018-01405 SC
Slip Opinion No: 2018 NY Slip Op 80880(U)
Decided on August 7, 2018
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.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2018-1405 S C
Avalonbay Communities, Inc., Respondent, v Lenore Johnson, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Third District, entered May 10, 2018.

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 appellant perfect the appeal by November 2, 2018 and on the further condition that within 10 days of the date of this decision and order on motion appellant pay respondent any and all arrears in rent and/or use and occupancy from August 1, 2018 at the rate of $3,050 per month, and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event 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