| 407 W. 52nd Realty LLC v Ndiaye, Serigne |
| Motion No: 570192/08 |
| Slip Opinion No: 2008 NYSlipOp 68625(U) |
| Decided on April 8, 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. |
April 8, 2008
407 W. 52nd Realty LLC v Ndiaye, Serigne
It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction until after June 25, 2008. If, by said date, the appeal has been perfected for the September 2008 term and the appellant is current in the payment of use and occupancy, the appellant may move for a further continuation of the stay. Otherwise, the warrant of eviction may be enforced after June 25, 2008. In the event the arrears or accruing use and occupancy are not tendered to the petitioner by April 28, 2008, the petitioner may move on five days' notice for an order vacating the stay and permitting the immediate execution of the warrant of eviction.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570192/08