| Sherman Terrace Coop. v Porter, Sarah, et al. |
| Motion No: 570310/09 |
| Slip Opinion No: 2009 NY Slip Op 71669(U) |
| Decided on May 6, 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. |
May 6, 2009
Sherman Terrace Coop. v Porter, Sarah, et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before May 18, 2009, deposits $3,161.47 [ arrears outstanding] with the Clerk of the Civil Court and pays the May use and occupancy to the petitioner, without prejudice; 2-continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 3- perfects the appeal by the September 2009 term- the filing deadline is July 7, 2009. In the event of the 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. 570310/09