| Daniel Phillipson v Tracy Spells |
| Motion No: 2007-00786 ROC |
| Slip Opinion No: 2007 NYSlipOp 72629(U) |
| Decided on June 21, 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
| DANIEL PHILLIPSON, Respondent, -against- TRACY SPELLS, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of April 24, 2007 is granted and enforcement of the judgment of April 24, 2007 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposits with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy at the rate previously payable as tenant's share of the rent, 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 September 7, 2007. Tenant shall file with this court proof of deposit of the judgment and any and all arrears in rent and/or use and occupancy 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.