| Jerry Misir v Mae Ann Gilbert |
| Motion No: 2006-01574 QC |
| Slip Opinion No: 2007 NYSlipOp 65306(U) |
| Decided on March 9, 2007 |
| 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
On the court's own motion, motion by landlord-respondent returnable November 22, 2006, and motions by tenant-appellant returnable December 8, 2006, January 12, 2007, and January 19, 2007, are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to file late opposition papers is granted.
Motion by landlord-respondent to vacate stay is denied.
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.