| Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally |
| Motion No: 2007-00664 WC |
| Slip Opinion No: 2007 NYSlipOp 70171(U) |
| Decided on May 23, 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 : 9th and 10th JUDICIAL DISTRICTS
| FRANCES B. TODMAN, Respondent, -against- ANDREW P. THOMPSON as executor of the estate of MARGARET J. THOMPSON and ANDREW P. THOMPSON, personally, Appellant. |
DECISION
On the court's own motion, appeal by Andrew P. Thompson from decision dated February 15, 2006 is deemed an appeal from the final judgment entered thereon on May 8, 2007.
Motion by tenant-appellant Andrew P. Thompson to stay enforcement of the final judgment entered May 8, 2007 is granted and enforcement of the final judgment entered May 8, 2007 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 3, 2007. Tenant is directed to pay landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, own its own motion, may vacate the stay, or landlord-respondent may move to vacate the stay on three days' notice.
Although no appeal lies from a decision after trial (UJCA 1702; see Farag v Farag, 4 AD3d 502 [2004]), a final judgment has now been entered in this matter on May 8, 2007. Under the circumstances presented herein, this court, in the exercise of discretion, deems the notice of appeal to be from the final judgment (see CPLR 5520 [c]).