| Gazivoda, Lazar v Sherman, Heath |
| Motion No: 570068/03 |
| Slip Opinion No: 2007 NYSlipOp 86365(U) |
| Decided on December 13, 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. |
December 13, 2007
Gazivoda, Lazar v Sherman, Heath
It is Ordered that the motion to reinstate the stay is granted on condition that the appellant tenders an additional $154.44 per month, for the months of October, November and December 2007, by December 18, 2007. Accruing use and occupancy, at the rate of $1,516.72, is to be tendered to the petitioner, without prejudice, pending the determination of the appeal. In the event of appellant's failure to comply with the orders of this court, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570068/03