| Simchah 165 LLC v De Los Santos, Josefina |
| Motion No: 570267/06 |
| Slip Opinion No: 2006 NYSlipOp 71776(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
Simchah 165 LLC v De Los Santos, Josefina
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 17, 2006, pays the May, June and July use and occupancy, at the rate of $1,800.oo per month, 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 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.
By: McCooe, J.P., Davis, Gangel-Jacob, J. J.
Motion No. 570267/06