| 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 77835(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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| FRANCES B. TODMAN, Respondent, -against- ANDREW P. THOMPSON as executor of the estate of MARGARET J. THOMPSON and ANDREW P. THOMPSON, personally, Appellant. |
DECISION
On the court's own motion, motion by tenant-appellant and cross motion by landlord-respondent returnable July 23, 2007 and motion by tenant-appellant and cross motion by landlord-respondent returnable July 27, 2007 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to modify the stay contained in the order of this court dated May 23, 2007 is denied.
Cross motions by landlord-respondent to vacate said stay and dismiss appeal are denied.
Motion by tenant-appellant in essence to continue said stay is granted on condition that within 10 days from the date of this order tenant pay landlord Frances B. Todman any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay landlord Frances B. Todman use and occupancy at a like rate as it becomes due and upon the further condition that the appeal is perfected by December 6, 2007.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or landlord-respondent may move to vacate the stay on three days' notice.