| ST Owner LP v Gomes, Anthony, et al. |
| Motion No: 570425/08 |
| Slip Opinion No: 2008 NYSlipOp 77266(U) |
| Decided on July 10, 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 10, 2008
ST Owner LP v Gomes, Anthony, et al.
It is Ordered that the motion for a stay is granted only to the extent staying the execution of the warrant of eviction until after August 12, 2008. The court notes that the appeal should have been perfected by now [see 22 NYCRR § 640.6]. If, by said date, the appellants have perfected the appeal and are current in the payment of use and occupancy, then the appellants may move for a continuation of the stay. Otherwise, the warrant of eviction may be enforced after August 12, 2008. This is without prejudice to appellants moving in the trial court for a stay, pursuant to CPLR § 5519[a][6], and an appropriate undertaking, and / or, market rate use and occupancy is fixed by the Civil Court.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570425/08