| Regency Towers, LLC v Stern, Scott |
| Motion No: 570682/08 |
| Slip Opinion No: 2008 NYSlipOp 89604(U) |
| Decided on November 21, 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 21, 2008
Regency Towers, LLC v Stern, Scott
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction in this non-payment proceeding on condition that the appellant: 1- on or before December 5, 2008, tenders the November and December use and occupancy, along with the balance due pursuant to the October 21, 2008 Civil Court order [ $7,200.00], to the landlord, without prejudice; 2- continues to pay for accruing use and occupancy, at the rate previously payable as rent, without prejudice; and 3- perfects the appeal by the March 2009 term - the filing deadline is January 6, 2009. 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. The Court notes that it has no jurisdiction over a related holdover proceeding until a Notice of Appeal has been served and filed. [ see 22 NYCRR § 640.1].
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570682/08