| 500 Trinity Assn. v McCollum, Marcena |
| Motion No: 570485/06 |
| Slip Opinion No: 2006 NYSlipOp 78502(U) |
| Decided on October 26, 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 26, 2006
500 Trinity Assn. v McCollum, Marcena
It is Ordered that the motion to vacate the stay is denied without prejudice. The petitioner may accept, without prejudice, any checks in its possession tendered by the appellant herein. The appellant is to re-tender to the landlord the $1,807.34, previously refused, and any DSS shelter checks by November 3, 2006, and the latter may accept the tender, without prejudice. In the event appellant fails to comply with the orders of this Court, the petitioner-landlord may move on five (5) days' notice for an order vacating the stay.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570485/06