| Santorini Equities, Inc. v Picarra, Francisco |
| Motion No: 570135/07 |
| Slip Opinion No: 2007 NYSlipOp 65029(U) |
| Decided on March 14, 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 14, 2007
Santorini Equities, Inc. v Picarra, Francisco
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction on condition that the appellant: 1- on or before March 22, 2007, pays the arrears outstanding of $485.oo, along with $550.oo due in fuel charges, to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy at the rate previously payable as rent, without prejudice to the pending application seeking market rate use and occupancy; and 3- perfects the appeal by the June 2007 term - the filing deadline is April 10, 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. Any determination of petitioner's motion for use and occupancy and attorney's fees, returnable on March 14, 2007, is stayed until April 11, 2007. If, by said date, the appeal has been perfected, then the stay of the landlord's motion will continue pending the determination of the appeal. Otherwise, the petitioner's motion is restored to the trial court's motion calendar for determination. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Davis, Klein Heitler, J.J.
Motion No. 570135/07