| Gazivoda, Lazar v Sherman, Heath |
| Motion No: 570063/03 |
| Slip Opinion No: 2007 NYSlipOp 64718(U) |
| Decided on March 9, 2007 |
| Appellate Term, First 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. |
March 9, 2007
Gazivoda, Lazar v Sherman, Heath
It is Ordered that the motion for a stay of the enforcement of the money judgment is denied, without prejudice to posting an undertaking pursuant to CPLR § 5519[a][2] . The cross-motion seeking to dismiss the appeal of the November 22 , 2006 Civil Court order is granted unless that appeal is perfected by the June 2007 term. The filing deadline is April 10, 2007. In the event of appellant's failure to comply with the foregoing condition, petitioner-respondent may move on five days' notice for an order dismissing the appeal of the November 22, 2006 order. The cross-motion insofar as it seeks an order directing the appellant to pay use and occupancy at $1,362.28 per month is denied, without prejudice. The Court notes that there is a possessory judgment authorizing the warrant of eviction to be executed after March 31, 2007 and until the appellant seeks a continuation of the stay, this Court is without jurisdiction to direct the payment of accruing use & occupancy.
By: McKeon, P.J., Davis, Klein Heitler, J.J.
Motion No. 570063/03