| Esplanade Gardens, Inc. v Slade Carrie |
| Motion No: 570285/06 |
| Slip Opinion No: 2006 NYSlipOp 70072(U) |
| Decided on June 9, 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. |
June 9, 2006
Esplanade Gardens, Inc. v Slade Carrie
It is Ordered that the motion seeking a stay of enforcement of the judgment and warrant of eviction is granted on condition that the appellant: 1- on or before June 19, 2006, pays the June 2006 use and occupancy to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by the October 2006 term - the filing deadline is August 8, 2006. In the event of appellant's failure to comply with the foregoing conditions, petitioner may move on five days notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and type-written briefs. The appellant may move in the trial court to obtain the transcript without paying any fees, if so advised.
By: Davis, J.P., Gangel-Jacob, Schoenfeld, J.J.
Motion No. 570285/06