| Eighth Ave. at 49th St. Partners, L.P. v Preston, Joan |
| Motion No: 570210/06 |
| Slip Opinion No: 2006 NYSlipOp 67664(U) |
| Decided on April 19, 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 19, 2006
Eighth Ave. at 49th St. Partners, L.P. v Preston, Joan
It is Ordered that the motion for a stay of the judgment, warrant of eviction and hearing on attorneys' fees and use and occupancy is granted on condition that appellant continues to pay for accruing use and occupancy to the petitioner on each subsequent rental due date, without prejudice, and perfects the appeal by the September 2006 term - the filing deadline is July 6, 2006. In the event of appellant's failure to comply with the foregoing conditions, petitioner- respondent may move on five day's notice for an order vacating the stay.
By: McCooe, J.P., Gangel-Jacob, Schoenfeld, J.J.
Motion No. 570210/06