| 1325 Fifth Ave. LLC v Burrowes, Kirk |
| Motion No: 570771/08 |
| Slip Opinion No: 2008 NYSlipOp 93436(U) |
| Decided on December 31, 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 31, 2008
1325 Fifth Ave. LLC v Burrowes, Kirk
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before January 16, 2009, pays any arrears outstanding, along with the January payment due, to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by no later than 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. 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. 570771/08