| 155 W. Assoc. v Dapper, Kenneth |
| Motion No: 570790/09 |
| Slip Opinion No: 2009 NY Slip Op 90098(U) |
| Decided on December 3, 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 3, 2009
155 W. Assoc. v Dapper, Kenneth
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on condition that the appellant 1- on or before December 10, 2009, tenders the arrears outstanding, along with the December use and occupancy to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy, at the rate previously payable as rent, without prejudice to the pending hearing to set use and occupancy; and 3- perfects the appeal by 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 landlord-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, Shulman, J.J.
Motion No. 570790/09