| Aflalo, Albert, et al. v Post, James |
| Motion No: 570518/09 |
| Slip Opinion No: 2009 NY Slip Op 83850(U) |
| Decided on September 23, 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. |
September 23, 2009
Aflalo, Albert, et al. v Post, James
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on condition that the appellant continues to pay for accruing use and occupancy on each subsequent rental due date during the pendency of this appeal, without prejudice. In the event of appellant's failure to comply with the foregoing condition, the landlord-respondent may move on five days' notice for an order vacating the stay. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. [ CPLR § 2215 ]. [ cal # 09-329 ]
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570518/09