| Gazivoda, Lazar v Sherman, Heath |
| Motion No: 570068/03 |
| Slip Opinion No: 2007 NYSlipOp 84123(U) |
| Decided on November 21, 2007 |
| Appellate Term, First 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. |
November 21, 2007
Gazivoda, Lazar v Sherman, Heath
It is Ordered that the motion to re-instate the stay is denied, without prejudice to renew after the appeal has been perfected, as required by the numerous orders of this Court. The Court notes that the judgment was awarded to the petitioner-landlord one year ago and the appeal has yet to be perfected and the use and occupancy for October and November are still outstanding.
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570068/03