| 40 Park Ave., LLC v DeRosa, Michael |
| Motion No: 570084/07 |
| Slip Opinion No: 2007 NYSlipOp 62759(U) |
| Decided on February 9, 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. |
February 9, 2007
40 Park Ave., LLC v DeRosa, Michael
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction, to and including March 12, 2007. If, by said date, the appeal from the November 14, 2006 order of the Civil Court has been perfected and the appellant is current in the payment of accruing use and occupancy, then the appellant may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after March 12, 2007. No further extension of time to perfect the appeal will be granted ( see 22 NYCRR § 640.6 [a] [1] ). This is without prejudice to petitioner moving to vacate the stay in the event accruing use and occupancy is not timely tendered to the petitioner by the fifth day of each month.
By: McKeon, P.J., McCooe, Davis, J.J.
Motion No. 570084/07