Johann Schreier v Robert Malgieri & Kathy Ann Furman
Motion No: 2008-01041 ROC 05-28-2008
Slip Opinion No: 2008 NYSlipOp 80723(U)
Decided on July 15, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.


NO. 2008-1041 RO C
JOHANN SCHREIER,

Respondent,

-against-

ROBERT MALGIERI
and KATHY ANN FURMAN,

Appellants.

DECISION Motion by tenants-appellants to stay enforcement of the judgment of February 11, 2008 is granted and enforcement of the judgment of February 11, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 3, 2008.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.