| 85 Fourth Partners, LP -V- Herbert, Barbara, et al. |
| Motion No: 570080/08 |
| Slip Opinion No: 2008 NYSlipOp 65171(U) |
| Decided on February 29, 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 29, 2008
85 Fourth Partners, LP -V- Herbert, Barbara, et al.
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- pays accruing monthly use and occupancy as previously paid, without prejudice; and 2- perfects the appeal by the June 2008 term of this court - the filing deadline is April 8, 2008. In the event of appellant's failure to comply with the foregoing conditions, the petitioner-landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570080/08