| Harlem 522- 147 Assoc., LLC v Miracle, Jeantilus |
| Motion No: 570759/09 |
| Slip Opinion No: 2009 NY Slip Op 88575(U) |
| Decided on November 16, 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. |
November 16, 2009
Harlem 522- 147 Assoc., LLC v Miracle, Jeantilus
It is Ordered that the motion for a stay is granted on condition that the appellant continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice and 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 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, Hunter, J.J.
Motion No. 570759/09