| Parkchester Preserv. Co. v Pesco, James |
| Motion No: 570490/06 |
| Slip Opinion No: 2006 NYSlipOp 75716(U) |
| Decided on September 19, 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 19, 2006
Parkchester Preserv. Co. v Pesco, James
It is Ordered that the motion is granted only to the extent of permitting the appeal to proceed on the original record of the trial court and type-written briefs. The motion for a stay is granted only to the extent of continuing the stay, to and including September 27, 2006, to afford the movant-appellant herein an opportunity to tender the use and occupancy that has accrued since April 8, 2006, the date that this movant agreed to vacate the premises, to the petitioner-landlord, without prejudice. If this amount is tendered, the movant-appellant may move for a continuation of the stay. If all the outstanding arrears are tendered, the appellant may move in the trial court, if so advised, for an order seeking a permanent stay of the execution of the warrant of eviction.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570490/06