| Lawrence M. Lally v Dawn Fasano-lally |
| Motion No: 2007-01769 NC |
| Slip Opinion No: 2007 NYSlipOp 86780(U) |
| Decided on December 18, 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
| LAWRENCE M. LALLY, Appellant-Respondent, -against- DAWN FASANO-LALLY, Respondent-Appellant. |
DECISION
Motion by appellant-respondent for a stay pending appeal of that part of the order of November 1, 2007 which granted tenant a 45-day stay is denied.
Cross motion by respondent-appellant to stay enforcement of that part of the order of November 1, 2007 which granted landlord possession of the premises is granted and enforcement of said part of the order of November 1, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 1, 2008.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the landlord may move to vacate the stay on 3 days' notice.