| 138th St. Props., LLC v McRae, Patrice, et al |
| Motion No: 570850/07 |
| Slip Opinion No: 2007 NYSlipOp 84935(U) |
| Decided on December 3, 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. |
December 3, 2007
138th St. Props., LLC v McRae, Patrice, et al
It is Ordered that the motion for a stay is granted on condition that the appellants: 1) on or before December 11, 2007, tender the arrears outstanding [$4,305.34 - representing use and occupancy from December 2006 to date, at $331.18 per month] to the petitioner, without prejudice; 2) continue to pay for accruing use and occupancy on each subsequent rental due date; and 3) perfect the appeal for the February 2008 term - the filing deadline is December 11, 2007. In the event of appellants' failure to comply with the foregoing conditions, the petitioner-landlord may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and hand-written briefs.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570850/07