Broadway Portfolio I Owner LLC v Bello, Maria, et al.



Broadway Portfolio I Owner LLC v Bello, Maria, et al.
Motion No: 570293/09
Slip Opinion No: 2009 NYSlipOp 68009(U)
Decided on March 31, 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.



March 31, 2009

Broadway Portfolio I Owner LLC v Bello, Maria, et al.

It is Ordered that the motion for a stay is granted on condition that the appeal is perfected by June 17, 2009, and noticed for the next available term. Accruing use and occupancy is to be tendered to the petitioner, without prejudice. In the event of appellants' failure to comply with the foregoing conditions, or if the appellant's grandsons - Franklyn and Cesar, are seen at the premises, 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. 570293/09