| Reilly v Chiaverini |
| Motion No: 2007-08650 |
| Slip Opinion No: 2008 NYSlipOp 60543(U) |
| Decided on January 9, 2008 |
| Appellate Division, 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 Division: Second Judicial Department
M64671
E/sl
FRED T. SANTUCCI, J.P.
JOSEPH COVELLO
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2007-08650, 2007-11504 Kelly F. Reilly, respondent-appellant, v Thomas E. Chiaverini, appellant-respondent, et al., defendants. (Index No. 10904/07)
| DECISION & ORDER ON MOTION |
Motion by Kelly F. Reilly on appeals and cross appeals from two orders of the Supreme Court, Queens County, entered August 16, 2007, and October 4, 2007, respectively, inter alia, to stay Thomas E. Chiaverini and his agents or any party acting on his behalf from evicting her from the subject premises or from selling, encumbering, mortgaging, wasting, or otherwise affecting or impacting title to the subject premises, pending hearing and determination of the appeals and cross appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that Thomas E. Chiaverini and his agents or any party acting on his behalf are stayed from evicting Kelly F. Reilly from the subject premises or from selling or encumbering the subject premises, pending hearing and determination of the appeals and cross appeals, on condition that (1) Kelly F. Reilly perfects her appeals on or before February 8, 2008, and (2) Kelly F. Reilly pay the sum of $1,000 per month to Thomas E. Chiaverini for the use and occupancy of the subject premises, with payment for the month of January 2008 to be made on or before January 22, 2008, and payments for all subsequent months to be made on or before the first day of each subsequent month, pending hearing and determination of the appeals and cross appeals, and the motion is otherwise denied; and it is further,
ORDERED that in the event that Kelly F. Reilly does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or Thomas E. Chiaverini may move to vacate the stay, on three days notice.
SANTUCCI, J.P., COVELLO, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court