Benroal Realty Assoc., L.P. v Monette Alexander Lowe & Wayne Lowe, d/b/a Rest & Assoc.

Benroal Realty Assoc., L.P. v Monette Alexander Lowe & Wayne Lowe, d/b/a Rest & Assoc.

Motion No: 2003-00243 nc

Slip Opinion No: 2006 NYSlipOp 61479(U)

Decided on January 4, 2006

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 : McCABE, P.J., COVELLO and TANENBAUM, JJ.

NO. 2003-243 N C

BENROAL REALTY ASSOCIATES, L.P.,

Respondent,

-against-

MONETTE ALEXANDER LOWE and WAYNE LOWE,
d/b/a REST & ASSOCIATES,

Appellants.

DECISION

On the court's own motion, appeal stricken from the general calendar. Stay continued on condition tenants-appellants continue to pay use and occupancy as same becomes due and properly perfect the appeal by March 4, 2005.

Inasmuch as the minutes are not settled, the appeal has not been properly perfected.