| Third Lenox Terrace Assoc. v Francis, Stephanie, et al. |
| Motion No: 570163/06 |
| Slip Opinion No: 2006 NYSlipOp 67615(U) |
| Decided on April 5, 2006 |
| Appellate Term, First 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. |
April 5, 2006
Third Lenox Terrace Assoc. v Francis, Stephanie, et al.
It is Ordered that the motion for a permanent stay or for a de novo hearing is denied. The movant is referred to CPLR § 5525(d), regarding the reconstruction of missing portions of the transcript from the best available sources, including his recollection, if the movant intends to pursue an appeal. The execution of the warrant of eviction is stayed through April 28, 2006, on condition that the April use and occupancy is tendered to the petitioner, without prejudice, by April 7, 2006. Otherwise, the warrant may be enforced after April 7, 2006, without further notice.
By: McCooe, J.P., Gangel-Jacob, Schoenfeld, J.J.
Motion No. 570163/06