| 407 Audubon LLC v Del Rosario, Luis |
| Motion No: 570202/07 |
| Slip Opinion No: 2007 NYSlipOp 67176(U) |
| Decided on April 12, 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. |
April 12, 2007
407 Audubon LLC v Del Rosario, Luis
It is Ordered that the motion seeking a stay is granted on the condition that the appellant: (1) pays the outstanding arrears of $6,601.66 to the landlord by April 30, 2007, without prejudice; (2) continues paying accruing monthly use and occupancy, including the April 2007 use and occupancy, during the pendency of this appeal, without prejudice; and (3) perfects the appeal for the September 2007 term of this court by no later than July 2, 2007. In the event the appellant fails to comply with any of the aforementioned conditions, the landlord may move on five (5) days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and type-written briefs.
By: McCooe, J.P., Schoenfeld, Klein Heitler, J.J.
Motion No. 570202/07