| Natalio Cabizon, LLC v Clark, Carlos |
| Motion No: 570938/07 |
| Slip Opinion No: 2008 NYSlipOp 62083(U) |
| Decided on January 25, 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 25, 2008
Natalio Cabizon, LLC v Clark, Carlos
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by no later than 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 appeal may proceed on the original record of the trial court.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570938/07