| Acorn Realty, LLC v Martinez, Mario |
| Motion No: 570435/06 |
| Slip Opinion No: 2006 NYSlipOp 79985(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
Acorn Realty, LLC v Martinez, Mario
It is Ordered that the motion for a stay is granted on the condition that: 1- appellant pays the outstanding judgment amount of $ 28,546.88 to the landlord, on or before December 15, 2006; 2- appellant perfects its appeal by the March 2007 term of this court, the filing date for which is January 10, 2007; and 3- the appellant continues paying accruing use and occupancy, at the rate of $ 948.06 per month, without prejudice. In the event the appellant fails to comply with any of the aforementioned conditions, the landlord may move on five (5) days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570435/06