Any Name Realty, Inc. v Capers, Thomas, et al.



Any Name Realty, Inc. v Capers, Thomas, et al.
Motion No: 570120/08
Slip Opinion No: 2008 NYSlipOp 67452(U)
Decided on March 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.



March 25, 2008

Any Name Realty, Inc. v Capers, Thomas, et al.

It is Ordered that the motion is granted only to the extent of permitting the appeal to proceed on the original record of the trial court. The motion insofar as it seeks a stay is denied. The Court notes that the appellant has failed to comply with the July 12, 2007 order of the trial court requiring the payment of use and occupancy and has yet to perfect the appeal, in violation of the rules of this court - see 22 NYCRR § 640.6.

By: McKeon, P.J., Davis, Heitler, J.J.

Motion No. 570120/08