| 520 W. 43rd St. Partners, LLC v Olawoyin, Femi |
| Motion No: 570732/09 |
| Slip Opinion No: 2009 NY Slip Op 90022(U) |
| Decided on December 1, 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. |
December 1, 2009
520 W. 43rd St. Partners, LLC v Olawoyin, Femi
It is Ordered that the motion for a reinstatement of the stay is granted on condition that the appellant: 1- on or before December 4, 2009, pays the balance of the judgment [ $ 5,684.oo ] to the landlord, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by no later than the March 2010 term - the filing deadline is January 5, 2010. 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.
By: McKeon, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570732/09