| Grand Bogardus, LLC v Ramirez, Rafaela, et al. |
| Motion No: 570566/06 |
| Slip Opinion No: 2006 NYSlipOp 77559(U) |
| Decided on October 13, 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. |
October 13, 2006
Grand Bogardus, LLC v Ramirez, Rafaela, et al.
It is Ordered that the motion to vacate the stay is granted. The appellant has failed to comply with any of terms of the August 15, 2006 order of the trial court that conditionally stay the execution of the warrant of eviction pending the appeal. Accruing use and occupancy has not been paid, nor has the appeal been perfected, as required by said order. Accordingly, the conditional stay is vacated. The Court notes that the order being appealed from is dated March 14, 2006 and it has yet to be perfected. [see 22 NYCRR § 640.6].
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570566/06