| 101 S. Third St. Redevelopment Assoc. v Henry Gaudsmith |
| Motion No: 2007-01210 KC |
| Slip Opinion No: 2007 NYSlipOp 77075(U) |
| Decided on September 6, 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 : 2nd and 11th JUDICIAL DISTRICTS
| 101 SOUTH THIRD STREET REDEVELOPMENT ASSOCIATES, Respondent, -against- HENRY GAUDSMITH, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of July 25, 2007, is granted and enforcement of the order of July 25, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 7, 2007. Tenant is directed to pay to landlord his share of any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
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.