| 80 E. 3rd LLC v Perez, Angel Luis |
| Motion No: 570729/08 |
| Slip Opinion No: 2008 NYSlipOp 92483(U) |
| Decided on December 18, 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 18, 2008
80 E. 3rd LLC v Perez, Angel Luis
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy, at the rate previously payable as rent, without prejudice to petitioner moving in the trial court for market rate use and occupancy, if so advised; and 2- perfects the appeal by no later than the April 2009 term - the filing deadline is February 10, 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.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570729/08