| Broadway 95th St. LLC v Ortega, Libya, et al. |
| Motion No: 570361/09 |
| Slip Opinion No: 2009 NY Slip Op 72057(U) |
| Decided on May 11, 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 11, 2009
Broadway 95th St. LLC v Ortega, Libya, et al.
It is Ordered that the motion for a stay of the enforcement of the order / judgment and warrant of eviction pending the determination of the appeal is granted on the condition that the appellant: 1- continues paying accruing monthly use and occupancy, as previously paid, without prejudice; and 2 - perfects the appeal for the September 2009 term - the filing deadline is July 7, 2009. In the event of appellant's failure to comply with the foregoing conditions, the landlord 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. 570361/09