| Downey, Vincent v Burke, Thomas |
| Motion No: 570029/10 |
| Slip Opinion No: 2010 NY Slip Op 61404(U) |
| Decided on January 20, 2010 |
| 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 20, 2010
Downey, Vincent v Burke, Thomas
It is ordered that the motion for stay is granted on condition that the appellant: 1- perfects his appeal by the April 2010 term - the filing date is February 9, 2010; and 2- continues to pay for accruing use and occupancy to the landlord on each subsequent rental due date, without prejudice. 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, Hunter, Jr., J.J.
Motion No. 570029/10