| Trump CPS LLC v Gotbetter, Howard, et al. |
| Motion No: 570570/06 |
| Slip Opinion No: 2006 NYSlipOp 81603(U) |
| Decided on December 12, 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. |
December 12, 2006
Trump CPS LLC v Gotbetter, Howard, et al.
It is Ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the March 2007 term - the filing deadline is January 10, 2007. The Court notes that the petitioner-respondent's attorney is willing to stipulate to the correctness of the transcript thereby enabling the appeal to proceed expeditiously. Accruing use and occupancy is to be tendered to the landlord at the rate previously payable as rent, without prejudice. In the event the appellant fails to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay of the execution of the warrant of eviction.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570570/06