| 36 W. 128th LLC v Bowman, Vincent |
| Motion No: 570905/07 |
| Slip Opinion No: 2007 NYSlipOp 87004(U) |
| Decided on December 20, 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 20, 2007
36 W. 128th LLC v Bowman, Vincent
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before December 31, 2007, pays the November and December use and occupancy, at the rate of $2,000- per month, to the petitioner, without prejudice to either party moving in the trial court for a determination of the fair market rate to be paid; 2- on each subsequent rental due date, continues to pay $2,000- per month, until modified by the trial court; and 3- perfects the appeal by the April 2008 term - the filing deadline is February 13, 2008. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The application, insofar as it seeks permission to proceed on the original record of the trial court is denied, without prejudice to renew upon proper papers. The movant must submit an affidavit in support of the application.
By: McCooe, J.P., Schoenfeld, HeitlerJ.J.
Motion No. 570905/07