| J.H.B. Hous. L.P. v Martin, Kevin, et al. |
| Motion No: 570325/04 |
| Slip Opinion No: 2006 NYSlipOp 80500(U) |
| Decided on November 28, 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 28, 2006
J.H.B. Hous. L.P. v Martin, Kevin, et al.
It is Ordered that the motion for a stay is granted on condition that the appeal is perfected by the February 2007 term - the filing deadline is December 12, 2006. Accruing use and occupancy is to be tendered to the petitioner, without prejudice. In the event of appellant's failure to comply with the above conditions, the landlord may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570325/04