| ACP 170 W. End Ave. Assocs. v Vadala, Andrea |
| Motion No: 570127/07 |
| Slip Opinion No: 2007 NYSlipOp 64602(U) |
| Decided on March 8, 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. |
March 8, 2007
ACP 170 W. End Ave. Assocs. v Vadala, Andrea
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before March 19, 2007, pays the February and March use and occupancy, at $786.84 per month, to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by the May 2007 term - the filing deadline is March 19, 2007. The original record of the trial court, the briefs and a Notice of Argument are to be provided to this Court by that date. 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 in this holdover licensee proceeding. The appeal may proceed on the original record of the Civil Court and type-written briefs. A copy of this order is to be served, by the respondent-appellant, on the appeals clerk of the New York County Civil Court, who will promptly issue a Clerks' Return and transfer the original Civil Court file to this court.
By: McKeon, P.J., Davis, Klein-Heitler, J.J.
Motion No. 570127/07