| 1277 Shakespeare Realty v Espinal, Dilcia |
| Motion No: 570734/07 |
| Slip Opinion No: 2007 NYSlipOp 85292(U) |
| Decided on December 5, 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 5, 2007
1277 Shakespeare Realty v Espinal, Dilcia
It is Ordered that the motion to reinstate the stay is granted on the condition that appellant: 1- continues paying accruing monthly use and occupancy on each subsequent rental due date, without prejudice; and 2 - perfects the appeal for the March 2008 term of this court, the filing deadline is January 9, 2008. In the event of appellant's failure to comply with either of the foregoing conditions, the 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. 570734/07