| Mt. Carmel Assoc., L.P. v Jones, Sharon, et al. |
| Motion No: 570392/08 |
| Slip Opinion No: 2008 NYSlipOp 85485(U) |
| Decided on October 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. |
October 8, 2008
Mt. Carmel Assoc., L.P. v Jones, Sharon, et al.
It is Ordered that the motion for a stay is granted on the condition that the appellants perfect the appeal by the January 2009 term - the filing deadline is November 12, 2008. The July, August, September and October use and occupancy is to be tendered to the petitioner, without prejudice, by October 16, 2008. Accruing use and occupancy is to be tendered to the landlord by the tenth day of each month thereafter. 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., Schoenfeld, Heitler, J.J.
Motion No. 570392/08