| 500 Trinity Assn. v McCollum, Marcena |
| Motion No: 570485/06 |
| Slip Opinion No: 2006 NYSlipOp 74934(U) |
| Decided on September 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. |
September 7, 2006
500 Trinity Assn. v McCollum, Marcena
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before September 21, 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 January 2007 term. 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 application to obtain the transcript without cost should be renewed in the trial court.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570485/06