| West 141st HDFC v Jones, Lois |
| Motion No: 570129/07 |
| Slip Opinion No: 2007 NYSlipOp 64604(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
West 141st HDFC v Jones, Lois
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 November 2006 to the March 2007 use and occupancy, along with the additional monthly payment of $266.67, to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy along with the additional $266.67 payment due, to the petitioner on each subsequent rental due date; and 3- perfects the appeal by April 10, 2007, for the June 2007 term. The appellant's briefs and Notice of Argument are to be personally served and filed by that date. In the event of appellant's failure to comply with the foregoing conditions, the petitioner-respondent may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the Civil Court and type-written briefs. The appellant is to serve a copy of this order on the appeals clerk of the Civil Court, who will then promptly issue a Clerk's Return and forward the original file to this Court.
By: McKeon, P.J., Davis, Klein-Heitler, J.J.
Motion No. 570129/07