| Rakoff, Irving v Grubstein, Consolacion |
| Motion No: 570337/06 |
| Slip Opinion No: 2006 NYSlipOp 71775(U) |
| Decided on July 12, 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. |
July 12, 2006
Rakoff, Irving v Grubstein, Consolacion
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 27, 2006, pays any arrears outstanding 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 no later than the November 2006 term - the filing deadline is September 13, 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.
By: McCooe, J.P., Davis, Gangel-Jacob, J. J.
Motion No. 570337/06