| 33-39 E. 60th St. LLC v Hunter, Susanne |
| Motion No: 570002/08 |
| Slip Opinion No: 2008 NYSlipOp 81876(U) |
| Decided on September 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. |
September 8, 2008
33-39 E. 60th St. LLC v Hunter, Susanne
It is Ordered that the motion is granted to the extent of permitting the appellant's reply briefs to be accepted nunc pro tunc. The stay is re-instated pending the determination of the appeal on condition that accruing use and occupancy is timely tendered to the petitioner, without prejudice. In the event the appellant fails to comply with the foregoing condition, or in the event the latter interferes with the other building residents right to the safe and quiet enjoyment of their respective apartments, then the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570002/08