| Rakoff, Irving, et al. v Grubstein, Consolacion Y. |
| Motion No: 570337/06 |
| Slip Opinion No: 2006 NYSlipOp 78046(U) |
| Decided on October 20, 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 20, 2006
Rakoff, Irving, et al. v Grubstein, Consolacion Y.
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction, to and including November 9, 2006. If, by said date, the appeal has been perfected for the January 2007 term, the appellant may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after November 9, 2006. The Court notes that the appeal is from an order of the trial court, dated March 22, 2006, that determined that the appellant was not maintaining this apartment as her primary residence. Seven months later and the appeal has yet to be perfected. [see 22 NYCRR § 640.6]
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570337/06