| 204 Spring St. Realty Corp. v Gelbwaks, Cindy B., et al. |
| Motion No: 570550/08 |
| Slip Opinion No: 2008 NYSlipOp 82962(U) |
| Decided on September 15, 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 15, 2008
204 Spring St. Realty Corp. v Gelbwaks, Cindy B., et al.
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on the condition that appellant: 1- continues to pay accruing monthly use and occupancy at the rate to be determined by the trial court, without prejudice; and 2- perfects the appeal by the January 2009 term - the filing deadline is November 12, 2008. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five days' notice for an order vacating the stay
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570550/08