| F.L.G. Corp. (Esther Dashew Apartments) v "Jane Doe" Now Known To Be Faina Myasnikova |
| Motion No: 2007-00780 ROC 06-08-2007 |
| Slip Opinion No: 2007 NYSlipOp 74967(U) |
| Decided on July 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
| F.L.G. CORP. (ESTHER DASHEW APARTMENTS), Respondent, -against- "JANE DOE" NOW KNOWN TO BE FAINA MYASNIKOVA, Appellant, -and- VLADIMIR MYASNIKOV, Tenant. |
DECISION
Motion by appellant to stay enforcement of the final judgment of April 25, 2007, is granted and enforcement of the final judgment of April 25, 2007 is stayed pending determination of the appeal on condition that the appeal is perfected on or before October 5, 2007.
A stay is granted because occupant made a showing of arguable merit in that a substantial issue exists as to whether the section 8 lease expired prior to the commencement of this proceeding or will expire on October 31, 2007. Our determination of the instant motion is without prejudice to landlord's commencement of a new proceeding, if it be so advised.
In the event that the above condition is 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.