| Breyre, Brian, et al. v Meyer, Melissa, et al. |
| Motion No: 570264/08 |
| Slip Opinion No: 2008 NYSlipOp 90278(U) |
| Decided on November 28, 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 28, 2008
Breyre, Brian, et al. v Meyer, Melissa, et al.
- October term] provided the appellant continues to pay for accruing use and occupancy, as provided in the April14, 2008 stipulation of the parties. 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. In the event of appellant fails to perfect the appeal of the September 26, 2008 order of the Civil Court, by the February 2009 term, the petitioner may move on five days' notice for an order dismissing the appeal.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570264/08