| Marvin L. Rippy v Lisa Kyer |
| Motion No: 2007-01876 WC |
| Slip Opinion No: 2008 NYSlipOp 72927(U) |
| Decided on May 16, 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 : 9th and 10th JUDICIAL DISTRICTS
| MARVIN L. RIPPY, Respondent, -against- LISA KYER, Appellant. |
DECISION
That branch of the motion by tenant-appellant to reinstate and continue that part of the stay of the enforcement of the money judgment contained in the order of this court dated January 14, 2008 is granted on condition that within 10 days of the date of the order hereon tenant deposit with the court below the sum of $1,796 and upon the further condition that the appeal is perfected by July 3, 2008. Tenant shall file with this court proof of the deposit within one business day after such deposit.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by July 3, 2008.
Ordered that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay and/or dismiss the appeal, or the landlord-respondent may move to vacate the stay and/or dismiss the appeal on 3 days' notice, and may serve such application in person.