Loscalzo v. Rodriguez

Full title: Laurence Loscalzo, Respondent, v. Melina Rodriguez, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Aug 1, 2011

Motion No: 2011-01356 sc (N.Y. App. Term Aug. 1, 2011)

Opinion

Motion No: 2011-01356 sc

08-01-2011

Laurence Loscalzo, Respondent, v. Melina Rodriguez, Appellant.

FRANCIS A. NICOLAI

, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the District Court of Suffolk County, Third District, entered April 21, 2011, to modify the terms of a stay granted by decision and order of this court dated June 24, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the stay is granted on condition that within 10 days from the date of this decision and order appellant deposit into the court below any and all arrears in rent and/or use and occupancy at the rate of $825 per month from May 1, 2011 and continue to deposit use and occupancy into court at a like rate as the same becomes due and that the appeal be perfected by September 2, 2011; 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.

ENTER:

Paul Kenny

Chief Clerk