| DDEH 122 E. 103 LLC v Burns, Eric, et al. |
| Motion No: 570421/08 |
| Slip Opinion No: 2008 NYSlipOp 87119(U) |
| Decided on October 24, 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 24, 2008
DDEH 122 E. 103 LLC v Burns, Eric, et al.
It is Ordered that the motion for a stay is granted on condition that the appellants: 1) continue to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2) perfect the appeal by the January 2009 term - the filing deadline is November 12, 2008. In the event of appellants' failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and hand-written briefs.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570421/08