| 53-63 Partners, L.P. v Weiner, Joshua |
| Motion No: 570509/09 |
| Slip Opinion No: 2009 NY Slip Op 77801(U) |
| Decided on July 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. |
July 14, 2009
53-63 Partners, L.P. v Weiner, Joshua
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 23, 2009, tenders the arrears outstanding [$3,335-] to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental date, without prejudice; and 3- perfects the appeal by no later than the November 2009 term - the filing deadline is September 9, 2009. 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., Heitler, Shulman, J.J.
Motion No. 570509/09