| 530 Manhattan Ave. HDFC v Malloy, Lillian |
| Motion No: 570479/07 |
| Slip Opinion No: 2007 NYSlipOp 74945(U) |
| Decided on August 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. |
August 7, 2007
530 Manhattan Ave. HDFC v Malloy, Lillian
It is Ordered that the motion for a stay is granted on condition that the appellant:
1- on or before August 20, 2007, pays the June, July and August use and occupancy to the petitioner, without prejudice;
2- continues to pay for accruing use and occupancy on each subsequent rental due date;
3- perfects the appeal by the December 2007 term - the filing deadline is October 10, 2007.
In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record on appeal of the trial court. The appellant should promptly contact the Clerk of the Civil Court to order the minutes of the hearing.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570479/07