| 405 E. 56th St., LLC v Morano, David, et al. |
| Motion No: 570235/06 |
| Slip Opinion No: 2006 NYSlipOp 79983(U) |
| Decided on November 17, 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. |
November 17, 2006
405 E. 56th St., LLC v Morano, David, et al.
It is Ordered that the motion seeking to reinstate the appeal and staying the warrant of eviction pending the determination of the appeal is granted on the condition that appellants perfect the appeal for the February 2007 term of this court, the filing date for which is December 12, 2006. The appellants are to continue to pay accruing monthly use and occupancy at the current rate, without prejudice. In the event appellants fail to comply with either of the aforementioned conditions, the petitioner-landlord may move on five (5) days' notice for an order vacating the stay and dismissing the appeal.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570235/06