| Gouverneur Gardens Hous. Corp. v Lee, Albert Brown, et al. |
| Motion No: 570035/09 |
| Slip Opinion No: 2009 NYSlipOp 61244(U) |
| Decided on January 20, 2009 |
| 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. |
January 20, 2009
Gouverneur Gardens Hous. Corp. v Lee, Albert Brown, et al.
It is Ordered that the motion for a stay is granted on condition that the appeal is perfected by the April 2009 term - the filing deadline is February 10, 2009. Accruing use and occupancy is to be on each subsequent rental due date, without prejudice. 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.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570035/09