Dorchester Assoc. v Leon, Ruth L., et al.



Dorchester Assoc. v Leon, Ruth L., et al.
Motion No: 570694/06
Slip Opinion No: 2007 NYSlipOp 65319(U)
Decided on March 19, 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 19, 2007

Dorchester Assoc. v Leon, Ruth L., et al.

It is ordered that the motion to vacate the stay is granted unless the appellants: 1- on or before March 22, 2007, pay $2,160.92 to the petitioner-landlord towards the arrears outstanding, without prejudice; 2- promptly serve and file a Notice of Appeal from the new (modified) order /judgment, dated March 1, 2007, if so advised; and 3- perfect that appeal by the June 2007 term - the filing deadline is April 10, 2007. Accruing use and occupancy is to be tendered to the landlord, without prejudice, if the appeal is pursued. In the event of appellants' failure to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay.

By: McKeon, P.J., Davis, Klein Heitler, J.J.

Motion No. 570694/06