| Delano Vil. No~ 2 Co. v Anthony Smith |
| Motion No: 2008-02047 KC |
| Slip Opinion No: 2009 NYSlipOp 62041(U) |
| Decided on January 21, 2009 |
| 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, 11th and 13th JUDICIAL DISTRICTS
| DELANO VILLAGE NO. 2 CO., Respondent, -against- ANTHONY SMITH, Appellant. |
DECISION
Motion by appellant to stay the order of the court below dated November 17, 2008 is granted and enforcement of the order of November 17, 2008 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon, appellant deposit with the court below the amount of $2,700 and upon the further condition that the appeal is perfected on or before April 3, 2009. Appellant shall file with this court proof of deposit of the designated amount within one business day after such deposit.
In the event that any of the above conditions are 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.