| 379 E. 10th St., LLC v Miller, Eddie |
| Motion No: 570424/08 |
| Slip Opinion No: 2008 NYSlipOp 89274(U) |
| Decided on November 18, 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 18, 2008
379 E. 10th St., LLC v Miller, Eddie
It is Ordered that the motion for a stay is granted on condition that the appellant: 1) continues to pay for accruing use and occupancy on each subsequent rental due date; and 2) 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 condition, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570424/08