| Beaux Arts II, LLC v Oyoue, Catherine |
| Motion No: 570576/09 |
| Slip Opinion No: 2009 NY Slip Op 83851(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
Beaux Arts II, LLC v Oyoue, Catherine
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- pays for accruing use and occupancy in the amount of $1,097.91, to the landlord on each subsequent rental due date, along with an additional $1000- towards the arrears outstanding, without prejudice; and 2- perfects the appeal by the December 2009 term - the filing deadline is October 14, 2009. In the event of appellant's failure to comply with the foregoing conditions, the landlord-respondent may move on five days' notice for an order vacating the stay. The prior order of this Court is modified accordingly.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570576/09