| Jerry Misir v Mae Ann Gilbert |
| Motion No: 2006-01574 QC 06-01-2007 |
| Slip Opinion No: 2007 NYSlipOp 73659(U) |
| Decided on July 11, 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. |
of the State of New York for the 2nd & 11th Judicial Districts
JULY 11, 2007
HON. JOSEPH G. GOLIA, J.P.
HON. JAIME A. RIOS
HON. ARIEL E. BELEN, JJ.
| JERRY MISIR, Respondent, -against- MAE ANN GILBERT, Appellant. |
The above named appellant having appealed to this court from a JUDGMENT of the CIVIL COURT, CITY OF NEW YORK, QUEENS COUNTY entered on AUGUST 18, 2006, and the RESPONDENT having moved this court by notice of motion returnable JUNE 1, 2007 to DISMISS THE APPEAL AND RELEASE THE FUNDS DEPOSITED WITH THE COURT BELOW and said motion having duly come on to be heard;
Now, on reading the papers filed in support of said motion and the papers filed in opposition thereto, and due deliberation having been had thereon, it is,
ORDERED that the branch of the motion to dismiss appeal and in essence to vacate stay is denied; and it is further,
ORDERED that the branch of the motion to release funds deposited with the court below is denied; and it is further,
ORDERED that the tenant shall continue to comply with the use and occupancy deposit requirements contained in the order of this court dated October 25, 2006; and it is further,
ORDERED that in the event that the condition is not met, the court, on its own motion, may vacate the stay, or the landlord-respondent may move to vacate the stay on 3 days' notice.
HON. JAIME A. RIOS
ASSOCIATE JUSTICE
Appellate Term