| Arep 19 Fifth-Fifth LLC v Giacomo, Inc., et al. |
| Motion No: 570573/09 |
| Slip Opinion No: 2009 NY Slip Op 80895(U) |
| Decided on August 19, 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 19, 2009
Arep 19 Fifth-Fifth LLC v Giacomo, Inc., et al.
It is Ordered that the motion for a stay of the hearing is granted on condition that the appellants: 1- pay to the petitioner-respondent accruing use and occupancy at the rate previously payable as rent, without prejudice; 2- perfect the appeal by 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-respondent may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570573/09