| 138th St. Props. LLC v Patrick, Duane, et al. |
| Motion No: 570536/09 |
| Slip Opinion No: 2009 NY Slip Op 80499(U) |
| Decided on August 13, 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. |
August 13, 2009
138th St. Props. LLC v Patrick, Duane, et al.
It is Ordered that the motion for a stay is granted on condition that the appellants: 1- on or before August 20, 2009 deposit $4,318.oo with the Clerk of the Civil Court - this sum represents use and occupancy due through July 2009, and directed to be paid by Civil Court order dated July 7, 2009; 2- continue to pay for accruing use and occupancy to the petitioner, without prejudice; and 3- perfect the appeal by no later than the December 2009 term - the filing deadline is October 14, 2009. In the event of appellants' 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. 570536/09