SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : ARONIN, J.P., GOLIA and RIOS, JJ.

NO.2004-226 K C
1180 50th STREET ASSOC., INC.,

Respondent,

-against-

LARISA TOPOLENKO,

Appellant.

DECISION

On the court's own motion, motion by landlord-respondent to vacate stay returnable May 19, 2004 and motion by tenant-appellant to reinstate and continue stay are consolidated.

Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated April 26, 2004, is granted on condition that tenant perfects the appeal by October 1, 2004; otherwise stay is vacated without further order of this court. Tenant shall continue to comply with all the other conditions contained in the order of this court dated April 26, 2004.

Motion by landlord-respondent to vacate stay is denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : ARONIN, J.P., GOLIA and RIOS, JJ.

NO.2004-681 K C
NEW YORK CITY HOUSING AUTHORITY - TILDEN HOUSES,

Respondent,

-against-

ROSETTA DAVIS,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by October 1, 2004; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

NO. 2004-612 K C
ZARKOR LLC,

Respondent,

-against-

ERNEST EDOUARD,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by October 1, 2004; otherwise stay vacated. Tenant-appellant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.

NO. 2004-226 K C
1180 50TH ASSOC. INC.,

Respondent,

-against-

LARISA TOPOLENKO,

Appellant.

DECISION

Motion by landlord-respondent to vacate stay is denied as academic.

The stay was automatically vacated on June 4, 2004, pursuant to the prior order of this court dated April 26, 2004, since tenant failed to perfect the appeal by the designated date.