| Robert Foos v Optimum Off. Corp. |
| Motion No: 2007-01754 SC |
| Slip Opinion No: 2007 NYSlipOp 85789(U) |
| Decided on December 4, 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
| ROBERT FOOS, Respondent, -against- OPTIMUM OFFICE CORP., Respondent, STEVEN DICKMAN, Appellant, -and- "JANE DOE", Respondent. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of October 25, 2007 is granted and enforcement of the judgment of October 25, 2007 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 7, 2008. Tenant is directed to pay to landlord the judgment amount of $2,800 and 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 to 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.