| 11 E. 67 Trust v McComsey, Anya |
| Motion No: 570725/07 |
| Slip Opinion No: 2007 NYSlipOp 80564(U) |
| Decided on October 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. |
October 12, 2007
11 E. 67 Trust v McComsey, Anya
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on the condition that the appellant: 1 - continues paying accruing monthly use and occupancy as previously paid, until modified by the trial court; and 2- perfects the appeal by the January 2008 term of this court - the filing deadline is November 14, 2007. In the event of appellant's failure to comply with either of the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The use and occupancy hearing is to proceed as scheduled. The money judgment may be enforced unless the appellant either deposits the amount of the judgment with the Civil Court or posts an undertaking, pursuant to CPLR § 5519(a)(2).
By: McKeon, P.J., Davis, Schoenfeld,, J.J.
Motion No. 570725/07