New York City Hous.

Motion No: 570259/07

Slip Opinion No: 2007 NYSlipOp 68845(U)

Decided on May 7, 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.

May 7, 2007

New York City Hous.

It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction in this non-payment proceeding until after June 20, 2007. If, by said date, the appeal has been perfected for the September 2007 term, and the appellant is current in the payment of accruing use and occupancy, the movant may seek a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after June 20, 2007. The Court notes that the petitioner-landlord may accept use and occupancy tendered herein, without prejudice to its right to proceed with any holdover proceeding based upon the New York City Housing Authority's termination of tenancy determination, dated February 14, 2007. This appeal may proceed on the original record of the housing court.

By: McCooe, J.P., Schoenfeld, Klein Heitler, J.J.

Motion No. 570259/07