| 10th St. W. Vil. v Miller, Robert |
| Motion No: 570724/08 |
| Slip Opinion No: 2008 NYSlipOp 91313(U) |
| Decided on December 8, 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 8, 2008
10th St. W. Vil. v Miller, Robert
It is Ordered that the motion for a stay is denied, without prejudice to renew after the deposit of use and occupancy due since the order granting summary judgment dated August 26, 2008. After five months use and occupancy, at $1,800 per month, [ totaling $9,000.oo ] is deposited with the Clerk of the Civil Court, the appellant may renew this application for a stay in this commercial holdover proceeding. The Court notes that the appellant has taken no steps to diligently prosecute the appeal since filing the Notice of Appeal over two months ago. [ see 22 NYCRR § 640.6 ]
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570724/08