APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| NEIGHBORHOOD RESTORE HOUSING DEVELOPMENT FUND CORPORATION, Respondent, -against- JAY NUNEZ, Appellant, -and- "JOHN DOE" AND/OR "JANE DOE", Undertenants. |
DECISION
On the court's own motion, appeal is dismissed.
No appeal lies from a default judgment.
Tenant, if so advised, may move in the court below to vacate the default judgment and, if necessary, appeal from that order.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ANGELO T. D'ALESSO, Respondent, -against- TYESHA HAGGINS, Appellant. |
DECISION
On the court's own motion, tenant-appellant's motions returnable October 1, 2004, October 19, 2004, and October 22, 2004 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by March 4, 2005; 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 by tenant as tenant's share of the Section 8 rent within 10 days from the date that landlord cures violations and NYCHA deposits $2,835.00 with the court below. Tenant shall 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.