745 Homesteaders HDFC v Sanchez, Gregory



745 Homesteaders HDFC v Sanchez, Gregory
Motion No: 570424/06
Slip Opinion No: 2006 NYSlipOp 73325(U)
Decided on August 7, 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.



August 7, 2006

745 Homesteaders HDFC v Sanchez, Gregory

It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy to the petitioner, without prejudice; and 2- 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. The petitioner may accept the $17,689.oo certified check from the appellant, without prejudice.

By: McCooe, J.P., Davis, Gangel-Jacob, J.J.

Motion No. 570424/06