| East Hattan Realty Corp. v Antonio, Elma, et al. |
| Motion No: 570772/08 |
| Slip Opinion No: 2009 NYSlipOp 93533(U) |
| Decided on January 5, 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. |
January 5, 2009
East Hattan Realty Corp. v Antonio, Elma, et al.
It is Ordered that the motion for a stay is granted on condition that the appellants: 1- pay the accruing use and occupancy, at $1,000.oo per month, without prejudice to either party moving in the trial court for a different / more appropriate rate; and 2- perfect the appeal by no later than the April 2009 term - the filing deadline is February 10, 2009. In the event of appellants' 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, Heitler, J.J.
Motion No. 570772/08