Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally

Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally

Motion No: 2007-00664 WC

Slip Opinion No: 2007 NYSlipOp 77834(U)

Decided on September 12, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-664 W C

FRANCES B. TODMAN,

Respondent,

-against-

ANDREW P. THOMPSON as executor of
the estate of MARGARET J. THOMPSON
and ANDREW P. THOMPSON, personally,

Appellant.

DECISION

Motion by landlord-respondent to dismiss appeal denied.

On the court's own motion, the order of this court dated May 23, 2007 is modified to provide that as a condition of the stay, tenant-appellant shall within 10 days of the date of the order entered hereon deposit into the court below any outstanding arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to deposit into court use and occupancy at a like rate as it becomes due. Tenant-appellant shall continue to comply with the other conditions of said order.