| Volage Realty, LLC v Graham, Christopher |
| Motion No: 570674/07 |
| Slip Opinion No: 2007 NYSlipOp 77573(U) |
| Decided on September 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. |
September 12, 2007
Volage Realty, LLC v Graham, Christopher
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- continues paying for accruing use and occupancy, at the rate of $1,459.83, without prejudice; and 2- perfects the appeal by the January 2008 term of this court - the filing deadline is November 11, 2007. No further extension of time will be granted in this holdover licensee proceeding. The judgment, after trial, was entered on May 22, 2007, and the appellant failed to take any steps to prosecute the appeal until after the sixty (60) day stay, granted by the trial court, had expired. In the event the appellant fails to comply with either of the foregoing conditions, the petitioner-landlord may move in five days' notice for an order vacating this stay.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570674/07