| 155 W. 106th LLC v Clement, Debra |
| Motion No: 570648/09 |
| Slip Opinion No: 2009 NY Slip Op 83856(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
155 W. 106th LLC v Clement, Debra
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before October 1, 2009, tenders any arrears outstanding to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy, in the amount of $711.26 per month, to the landlord on each subsequent rental due date, without prejudice; 3- perfects the appeal by the January 2010 term - the filing deadline is November 10, 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 appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570648/09