| Equities By Marcy, LLC v Aracely, Dunia, et al. |
| Motion No: 570013/08 |
| Slip Opinion No: 2008 NYSlipOp 61050(U) |
| Decided on January 15, 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 15, 2008
Equities By Marcy, LLC v Aracely, Dunia, et al.
It is Ordered that the motion for a stay is granted on the condition that the appellants: 1- on or before January 25, 2008, pay the December and January use and occupancy to the petitioner, without prejudice; 2 -continue paying accruing use and occupancy as previously paid, without prejudice; and 3- perfect the appeal by the April 2008 term of this court - the filing deadline is February 13, 2008. In the event of appellants' failure to comply with the foregoing conditions, the petitioner 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 type-written briefs..
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570013/08