| Wallkill Affordable Senior Hous., Lp v Theodore Powell |
| Motion No: 2019-00779 ORC |
| Slip Opinion No: 2019 NY Slip Op 74268(U) |
| Decided on June 18, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Wallkill Affordable Senior Housing, LP, Respondent, v Theodore Powell, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Wallkill, Orange County, dated February 22, 2019.
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 by September 6, 2019. Appellant is directed to pay respondent any and all arrears in rent and/or use and occupancy from February 22, 2019 at the rate of $480 per month and to continue to pay 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 may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk