APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

On the court's own motion, motions by tenant-appellant for a stay pending appeal and to enlarge time to make a deposit are consolidated for disposition.

Motion by tenant-appellant for stay granted on condition that within 10 days of the order hereon tenant-appellant pay landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay same as it becomes due and perfect the appeal by May 6, 2005. Upon a default, landlord may move to vacate the stay upon three days' notice.

Motion to enlarge time to make deposit denied as moot.

In moving for a stay, tenant has shown arguable merit in that she shows that she moved promptly to vacate the stipulation of settlement, that she had arguably meritorious defenses to the proceeding, and that she made it clear to the court, even at the time of the stipulation, that she was dissatisfied with the legal representation that she was receiving. Moreover, the entire proceeding may well have been tainted in that it may have been brought in retaliation for a complaint by tenant to DHCR about a leak in the apartment. Real Property Law § 223-b (1) provides that no notice to quit may be served in retaliation for a good-faith complaint to a governmental authority.