| Gazivoda, Lazar v Sherman, Heath |
| Motion No: 570063/03 |
| Slip Opinion No: 2007 NYSlipOp 67292(U) |
| Decided on April 13, 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. |
April 13, 2007
Gazivoda, Lazar v Sherman, Heath
(2) pays accruing monthly use and occupancy in the amount of $1,362.28; and (3) perfects the appeal for the September 2007 term of this court - the filing deadline is July 9, 2007. The cross-motion is denied, without prejudice to renew if the appeal is not perfected for the next term. In the event the appellant fails to comply with any of the aforementioned conditions, the landlord may move on five (5) days' notice for an order vacating the stay and dismissing the appeal.
By: McCooe, J.P., Schoenfeld, Klein Heitler J.J.
Motion No. 570063/03