| Jerry Misir v Mae Ann Gilbert |
| Motion No: 2006-01574 KC |
| Slip Opinion No: 2006 NYSlipOp 80625(U) |
| Decided on October 25, 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
| JERRY MISIR, Respondent, -against- MAE ANN GILBERT, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of August 18, 2006, is granted and enforcement of the judgment of August 18, 2006 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of $5,040 and any and all arrears in rent and/or use and occupancy from November 1, 2006, at the rate of $720 per month and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by January 5, 2007. Tenant shall file with this court proof of deposit of the sum of $5,040 and any and all arrears in rent and/or use and occupancy from November 1, 2006, within one business day after such deposit.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.