| Beaux Arts II, LLC v Oyoue, Catherine |
| Motion No: 570576/09 |
| Slip Opinion No: 2009 NY Slip Op 89736(U) |
| Decided on November 27, 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 27, 2009
Beaux Arts II, LLC v Oyoue, Catherine
It is Ordered that the motion to reargue is granted, and the motion to re-instate the stay is granted on condition that respondent-appellant: 1- pays for accruing use and occupancy to the landlord on each subsequent rental due date, without prejudice; and 2- perfects the appeal by the February 2010 term - the filing deadline December 8, 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.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570576/09