| M & K Realty Co., Inc. v Brumfield, Erik |
| Motion No: 570857/09 |
| Slip Opinion No: 2009 NY Slip Op 92255(U) |
| Decided on December 24, 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 24, 2009
M & K Realty Co., Inc. v Brumfield, Erik
It is Ordered that the respondent-appellant's motion for a stay is granted on condition that he : 1- perfects his appeal by the April 2010 term - the filing deadline is February 9, 2010; and 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of the 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 and hand-written briefs.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570857/09