| 40 Park Ave., LLC v DeRosa, Michael |
| Motion No: 570084/07 |
| Slip Opinion No: 2007 NYSlipOp 76140(U) |
| Decided on August 23, 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 23, 2007
40 Park Ave., LLC v DeRosa, Michael
It is Ordered that the motion to require the appellant to tender accruing use and occupancy pending the determination of the motion for permission to appeal to the Appellate Division is denied as academic. By order of this Court , dated July 16, 2007, the appellant's motion for permission to appeal to the Appellate Division was denied. Accordingly, any stay in effect continues for only an additional five (5) days after service of a copy of that prior order, with notice of its entry. ( see CPLR § 5519[e] ).
By: McKeon, P.J., McCooe, Davis, J.J.
Motion No. 570084/07