| 1251 Ams. Assoc. v Rock 49th Rest. Corp., et al. |
| Motion No: 570878/07 |
| Slip Opinion No: 2008 NYSlipOp 88154(U) |
| Decided on November 3, 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. |
November 3, 2008
1251 Ams. Assoc. v Rock 49th Rest. Corp., et al.
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on condition that the appellant: 1- on or before November 12, 2008, pays the October and November 2008 use and occupancy to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by no later than the February 2009 term - the filing deadline is December 9, 2008. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570878/07