| Gouvernor Gardens Hous. Corp. v Silverman, Richard, et al. |
| Motion No: 570598/09 |
| Slip Opinion No: 2009 NY Slip Op 82006(U) |
| Decided on August 28, 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 28, 2009
Gouvernor Gardens Hous. Corp. v Silverman, Richard, et al.
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on the condition that said undertenant-appellant: 1- on or before September 11, 2009, pays the May, June, July, August and September 2009 use and occupancy, at $501- per month, 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 December 2009 term of this Court - the filing deadline is October 14, 2009. In the event of the undertenant-appellant Lau's failure to comply with the foregoing conditions, the landlord-respondent may move on five days' notice for an order vacating the stay. The use and occupancy arrears hearing may proceed in the housing court. The appeal may continue on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570598/09