| Jerry Misir v Mae Ann Gilbert |
| Motion No: 2006-01574 QC |
| Slip Opinion No: 2008 NYSlipOp 72900(U) |
| Decided on May 22, 2008 |
| 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 : 2nd and 11th JUDICIAL DISTRICTS
| JERRY MISIR, Respondent, -against- MAE ANN GILBERT, Appellant. |
DECISION
On the court's own motion, motions by landlord-respondent for an order directing the release of the funds deposited into the court below and to stay all proceedings consolidated for disposition.
Motion by landlord-respondent for an order directing the release of the funds deposited into the court below granted and the New York City Department of Finance is directed to release to landlord-respondent all funds on deposit in this matter less any lawful fees.
Motion by landlord-respondent for a stay denied as academic.
Since tenant deposited only $5,040 toward the judgment, and the judgment, as reduced by this court, exceeds this amount, landlord is entitled to the release of all the funds deposited toward the judgment as well as all the after-accruing rent.