| ALH Props. Two, LLC v Castaldo, Ernest W. |
| Motion No: 570576/06 |
| Slip Opinion No: 2006 NYSlipOp 77591(U) |
| Decided on October 16, 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 16, 2006
ALH Props. Two, LLC v Castaldo, Ernest W.
It is Ordered that the motion for a stay is granted on the condition that appellant: (1) continues paying monthly use and occupancy as it accrues to the petitioner, without prejudice; and (2) perfects the appeal by no later than the February 2007 term of this court - the filing date is December 12, 2006. In the event appellant fails to comply with the aforementioned conditions, the petitioner-landlord may move on five (5) days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570576/06