| Charles Clark Gabel v John R. Chadwick, Sr., Doggies Day Out Inc., "john Doe Nos~ 1-3" |
| Motion No: 2004-01487 ric |
| Slip Opinion No: 2006 NYSlipOp 61486(U) |
| Decided on January 4, 2006 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CHARLES CLARK GABEL, Appellant, -against- JOHN R. CHADWICK, SR., DOGGIES DAY OUT INC., "JOHN DOE NOS. 1-3", Respondents. |
DECISION
Motion by landlord-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon landlord deposit with the court below all use and occupancy paid by tenants since July 1, 2004 and upon the further condition that the appeal is perfected by March 4, 2005, upon failure to comply with any condition, the stay is vacated without further order of this court. Landlord shall file with this court proof of deposit of the use and occupancy within one business day after such deposit.