| 36 W. 128th LLC v Bowman, Vincent |
| Motion No: 570905/07 |
| Slip Opinion No: 2008 NYSlipOp 64366(U) |
| Decided on February 22, 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. |
February 22, 2008
36 W. 128th LLC v Bowman, Vincent
It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction on condition that the appellant: 1- pays the petitioner-landlord for accruing use and occupancy on each subsequent rental due date, at the rate set by the trial court, without prejudice; and 2- perfects the appeal by the June 2008 term - the filing deadline is April 8, 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: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570905/07