| 765 Amsterdam Ave., LLC v Maynard, Leon |
| Motion No: 570369/09 |
| Slip Opinion No: 2009 NY Slip Op 84463(U) |
| Decided on September 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. |
September 28, 2009
765 Amsterdam Ave., LLC v Maynard, Leon
It is Ordered that the respondent-appellant's motion to reinstate the stay is granted on condition that the respondent-appellant: 1- on or before October 6, 2009, pays the August, September and October use and occupancy to the petitioner, without prejudice; 2 - continues to pay accruing use and occupancy at $725.00 per month, without prejudice to petitioner's right to seek a more appropriate amount in the trial court, if so advised; and 3- perfects the appeal for the January 2010 term - the filing deadline is November 10, 2009. In the event of respondent-appellant's failure to comply with the foregoing conditions, the petitioner-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. 570369/09