| DDEH 122 E. 103 LLC v Burns, Eric, et al. |
| Motion No: 570421/08 |
| Slip Opinion No: 2008 NYSlipOp 76947(U) |
| Decided on July 7, 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 7, 2008
DDEH 122 E. 103 LLC v Burns, Eric, et al.
It is Ordered that the motion for a stay is granted on condition that the appellants: 1- on or before July 16, 2008, pay any arrears outstanding to the petitioner, without prejudice; 2- continue to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfect the appeal by the October 2008 term - the filing deadline is August 13, 2008. In the event of appellants' 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 and type-written briefs..
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570421/08