| Johny Guzman v Athemio Perez |
| Motion No: 2018-01594 WC |
| Slip Opinion No: 2018 NY Slip Op 83625(U) |
| Decided on September 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. |
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
| Johny Guzman, Respondent, v Athemio Perez, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered July 16, 2018, and, in effect, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before November 5, 2018. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from September 1, 2018 at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy 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; and it is further,
ORDERED that the branch of the motion seeking, in effect, summary reversal is denied.
ENTER:
Paul Kenny
Chief Clerk