| 520 W. 43rd St. Partners v Olawoyin, Femi |
| Motion No: 570732/09 |
| Slip Opinion No: 2009 NY Slip Op 87350(U) |
| Decided on October 30, 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. |
October 30, 2009
520 W. 43rd St. Partners v Olawoyin, Femi
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before November 6, 2009, pays the balance due on the judgment [ $9,684.oo] to the petitioner; 2- on or before November 25, 2009, pays the October and November use and occupancy to the petitioner, without prejudice; 3- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 4- perfects the appeal by the February 2010 term - the filing deadline is December 8, 2009. In the event of appellant's failure to comply with the foregoing conditions, the petitioner-landlord 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., Heitler, Shulman, J.J.
Motion No. 570732/09