| 155 W. 81st St. Assocs. v Paredes, Marcos, et al. |
| Motion No: 570499/08 |
| Slip Opinion No: 2008 NYSlipOp 80377(U) |
| Decided on August 18, 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. |
August 18, 2008
155 W. 81st St. Assocs. v Paredes, Marcos, et al.
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- perfects the appeal by the December 2008 term - the filing deadline is October 7, 2008; and 2- continues paying accruing monthly use and occupancy as previously paid, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, or in the event Jose Paredes is seen entering the apartment involved herein, the petitioner- landlord may move on five days' notice for an order vacating the stay. The court notes that the Notice of Appeal is dated May 2008 and yet no steps have been taken to diligently prosecute the appeal. ( see 22 NYCRR § 640.6 ) The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570499/08