| Matter of Clark v St. James Tower, Inc. |
| Motion No: 2007-07692 |
| Slip Opinion No: 2007 NYSlipOp 77006(U) |
| Decided on September 6, 2007 |
| Appellate Division, 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 Division: Second Judicial Department
M59283
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
EDWARD D. CARNI, JJ.
|
2007-07692 In the Matter of Jerry Clark, appellant, v St. James Tower, Inc., respondent. (Index No. 8690/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay his eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 1, 2007. Cross motion by the respondent to dismiss the appeal on the ground that the appellant waived his right to appeal pursuant to a stipulation dated August 8, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the cross motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements.
CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court