Yorkville 82, LLC v Ruiz, Edelmira



Yorkville 82, LLC v Ruiz, Edelmira
Motion No: 570037/10
Slip Opinion No: 2010 NY Slip Op 61405(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

Yorkville 82, LLC v Ruiz, Edelmira

It is ordered that the motion for a stay is granted on condition that the appellant: 1- on or before February 1, 2010, pays the amount due pursuant to the November 18, 2010 order ( $ 6,189.57 ) to the landlord, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects her appeal by the May 2010 term - the filing deadline is March 9, 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 shall proceed on the original record of the trial court.

By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.

Motion No. 570037/10