| 113 Ave. D, LLC v Green, William |
| Motion No: 570729/06 |
| Slip Opinion No: 2007 NYSlipOp 60560(U) |
| Decided on January 10, 2007 |
| 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. |
January 10, 2007
113 Ave. D, LLC v Green, William
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before January 19, 2007, pays the December and January use and occupancy at the legal collectible rate set for rent, without prejudice; 2- continues to pay accruing use and occupancy at said rate on each subsequent rental due date; and 3- perfects the appeal by the April 2007 term - the filing deadline is February 7, 2007. In the event of appellant's failure to comply with the foregoing conditions, petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570729/06