| St. Margaret's House v Hope, Joshua |
| Motion No: 570323/09 |
| Slip Opinion No: 2009 NYSlipOp 69499(U) |
| Decided on April 14, 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. |
April 14, 2009
St. Margaret's House v Hope, Joshua
and including June 22, 2009. If, by said date, the appeal has been perfected for the next available term, accruing use and occupancy at the rate previously payable as rent has been tendered and there are no further incidents of any form of behavior of the nature alleged in the Notice of Termination - then the appellant may move for a further continuation of the stay. This is without prejudice to petitioner-landlord's right to move to vacate this conditional stay prior to June 22, 2009, if any future incident warrants prompt action, on five days notice to the adversary. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570323/09