| 113 Ave. D, LLC v Green, William |
| Motion No: 570729/06 |
| Slip Opinion No: 2007 NYSlipOp 65033(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
113 Ave. D, LLC v Green, William
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction until April 11, 2007. If, prior to said date, the appeal has been perfected, then the appellant may move for a further continuation of the stay. Otherwise, the warrant may be executed after April 11, 2007. The Court notes that the appeal is from an order dated July 18, 2006, and it has yet to be perfected. [ see 22 NYCRR § 640.6 ] In the event the appellant fails to timely tender accruing use and occupancy to the petitioner, the landlord may move on five (5) days' notice for an order vacating this stay.
By: McCooe, J.P., Davis, Klein Heitler, J.J.
Motion No. 570729/06