| 34 Realty LLC v Udoh, Charles, et al. |
| Motion No: 570708/07 |
| Slip Opinion No: 2007 NYSlipOp 79508(U) |
| Decided on September 28, 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 28, 2007
34 Realty LLC v Udoh, Charles, et al.
It is Ordered that the motion for an order staying the enforcement of the judgment and warrant of eviction is granted on condition that appellants: 1- on or before October 10, 2007, pay the September and October use and occupancy to the petitioner, without prejudice; 2- on or before November 1, 2007 deposit $4,500- , ( four thousand five hundred dollars) representing a substantial portion of the arrears outstanding - with the Clerk of the Civil Court; 3- continue paying accruing monthly use and occupancy on each rental due date; and 4- perfect the appeal by the February 2008 term - the filing deadline is December 11, 2007. In the event the appellants fail 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 of the trial court. .
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570708/07