| Matter of Clark v St. James Tower, Inc. |
| Motion No: 2007-07692 |
| Slip Opinion No: 2007 NYSlipOp 80591(U) |
| Decided on October 12, 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
M60961
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 for leave to reargue his prior motion 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, and the respondent's prior cross motion to dismiss the appeal on the ground that the appellant waived his right to appeal pursuant to a stipulation dated August 8, 2007, which were determined by decision and order on motion dated September 6, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court