| 111-113 Dev. Assocs., L.P. v Bakayoko, Zoumana |
| Motion No: 570809/07 |
| Slip Opinion No: 2007 NYSlipOp 86768(U) |
| Decided on December 19, 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 19, 2007
111-113 Dev. Assocs., L.P. v Bakayoko, Zoumana
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction until after January 9, 2008. If, by said date, the appeal has been perfected, the appellant may move before this court for a continuation of the stay. This is without prejudice to the appellant moving in the trial court, pursuant to CPLR § 5519[a]6], for a stay based upon the setting of an appropriate undertaking, and / or fair market rate for use and occupancy, if the appellant is unable to perfect by January 9, 2008. The cross-motion is denied, without prejudice.
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570809/07