| Gibbons Realty Corp. v Smith, Paula |
| Motion No: 570695/08 |
| Slip Opinion No: 2008 NYSlipOp 90721(U) |
| Decided on December 4, 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. |
December 4, 2008
Gibbons Realty Corp. v Smith, Paula
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before December 16, 2008, tenders seven thousand dollars [ $7,000- ] to the petitioner, without prejudice; 2- on or before January 8, 2009, tenders any remaining arrears outstanding to the petitioner, along with January's use and occupancy: 3- continues to pay for accruing use and occupancy on each subsequent rental due date; and 4- perfects the appeal by no later than 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 appeal may proceed on the original record of the trial court and type-written briefs.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570695/08