| Stella Thomas v Jonathan Higgs |
| Motion No: 2007-01491 WC 10-12-2007 |
| Slip Opinion No: 2007 NYSlipOp 85157(U) |
| Decided on November 29, 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
| STELLA THOMAS, Respondent, -against- JONATHAN HIGGS, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of September 10, 2007 is granted and enforcement of the judgment of September 10, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 1, 2008. Tenant is directed to pay to landlord 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 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.