| Santorini Equities, Inc. v Picarra, Francisco, et al. |
| Motion No: 570135/07 |
| Slip Opinion No: 2007 NYSlipOp 67874(U) |
| Decided on April 24, 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 24, 2007
Santorini Equities, Inc. v Picarra, Francisco, et al.
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 - continues to pay accruing use and occupancy to the petitioner, without prejudice; and 2- prefects the appeal by June 20, 2007, and notices it for the September 2007 term. In the event of appellant's failure to comply with the orders of this Court, the 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 March 14, 2007, is stayed until June 20, 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 calendar for determination.
By: Davis, J.P., Schoenfeld, Klein Heitler, J.J.
Motion No. 570135/07