| 138th St. Props., LLC v McRae, Patrice, et al. |
| Motion No: 570850/07 |
| Slip Opinion No: 2007 NYSlipOp 87273(U) |
| Decided on December 24, 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 24, 2007
138th St. Props., LLC v McRae, Patrice, et al.
It is Ordered that the motion is granted to the extent of continuing the stay on condition that the appellant, on or before December 31, 2007, pays the arrears outstanding - $2,055.34 - to the petitioner, without prejudice. This sum represents the May to December use and occupancy, at $331.18 per month, less a credit of $594.10 due to the respondents-appellants as of April 2007. The time to perfect the appeal is extended to the April 2008 term - the filing deadline is February 13, 2008. In the event of appellants' failure to comply with the orders of this court, the petitioner-landlord may move on five days' notice for an order vacating the stay.
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570850/07