Gazivoda, Lazar v Sherman, Heath



Gazivoda, Lazar v Sherman, Heath
Motion No: 570063/03
Slip Opinion No: 2007 NYSlipOp 76079(U)
Decided on August 21, 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.



August 21, 2007

Gazivoda, Lazar v Sherman, Heath

It is Ordered that the motion to enlarge the time to perfect the appeal is granted on the condition that the appellant: 1- pays the remaining balance due on the judgment [ $6,315.12 ] to the landlord, by August 28, 2007, without prejudice; 2- continues to pay monthly use and occupancy of $1,516.72; and 3- perfects the appeal for the November 2007 term of this court - the filing deadline is September 11, 2007. In the event the appellant fails to comply with any of the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.

By: McCooe, J.P., Davis, Heitler, J.J.

Motion No. 570063/03