Tenant Restored to Possession Pending Appeal

April 9, 2007

LVT Number: 19411

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant filed a notice that he was appealing the court's decision and asked the appeals court to restore him to possession. The appeals court ruled for tenant on the condition that, within 10 days, tenant pay $2,200 for March 2007 use and occupancy. Tenant must also pay any back rent owed and continue to pay monthly use and occupancy while his appeal is pending. Tenant must also file his appeal papers by May 4, 2007.

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant filed a notice that he was appealing the court's decision and asked the appeals court to restore him to possession. The appeals court ruled for tenant on the condition that, within 10 days, tenant pay $2,200 for March 2007 use and occupancy. Tenant must also pay any back rent owed and continue to pay monthly use and occupancy while his appeal is pending. Tenant must also file his appeal papers by May 4, 2007.

DePaolo v. Thomas: NYLJ, 2/27/07, p. 33, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)

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