| Jaclyn LLC v D & D Auto Stereo Inc. |
| Motion No: 570401/08 |
| Slip Opinion No: 2008 NYSlipOp 76781(U) |
| Decided on July 3, 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. |
July 3, 2008
Jaclyn LLC v D & D Auto Stereo Inc.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 10, 2008, pays the arrears outstanding [ $ 30,255.27 ] to the petitioner, without prejudice; 2- on or before August 8, 2008, pays the July and August use and occupancy, without prejudice; 3- continues to pay for accruing use and occupancy on each subsequent rental due date; and 4- perfects the appeal by the October 2008 term - the filing deadline is August 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.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570401/08