| Abeken Mgt., LP -V- Neal, Kameo |
| Motion No: 570577/08 |
| Slip Opinion No: 2008 NYSlipOp 84087(U) |
| Decided on September 26, 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 26, 2008
Abeken Mgt., LP -V- Neal, Kameo
It is Ordered that the motion for a stay is granted on the condition that appellant: 1- on or before October 9, 2008, pays any arrears outstanding to the petitioner, without prejudice; 2- continues paying accruing monthly use and occupancy as previously paid, without prejudice; and 3- perfects the appeal by the January 2009 term - the filing deadline is November 12, 2008. The appeal may proceed on the original record and typewritten briefs. In the event of appellant's failure to comply with the foregoing conditions, petitioner may mov on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570577/08