| Marrano Dev. Affiliates v Johnson, Patricia |
| Motion No: 570844/07 |
| Slip Opinion No: 2008 NYSlipOp 60004(U) |
| Decided on January 2, 2008 |
| 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. |
January 2, 2008
Marrano Dev. Affiliates v Johnson, Patricia
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before January 10, 2008, pays the January use and occupancy to the petitioner, along with an additional $500- towards the arrears outstanding, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, along with an additional $500- towards the arrears outstanding, without prejudice; and 3- perfects the appeal by no later than the April 2008 term - the filing deadline is February 13, 2008. The appeal may proceed on the original record of the trial court. In the event of appellant's failure to comply with the order of this court, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, JJ.
Motion No. 570844/07