| 1251 Ams. Assoc. v Rock49th Rest. Corp., et al. |
| Motion No: 570878/07 |
| Slip Opinion No: 2008 NYSlipOp 92051(U) |
| Decided on December 15, 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 15, 2008
1251 Ams. Assoc. v Rock49th Rest. Corp., et al.
It is Ordered that the motion is granted on the condition that appellant: 1- on or before December 23, 2008, pay all outstanding electric bills to petitioner, without prejudice; 2- continues to pay accruing use and occupancy, including electric, without prejudice; and 3- 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 orders of this court, the petitioner may move on five days' notice for an order vacating the stay.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570878/07