| 155 W. 81st St. Assocs. v Dapper, Kenneth |
| Motion No: 570790/09 |
| Slip Opinion No: 2010 NY Slip Op 63762(U) |
| Decided on February 22, 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. |
February 22, 2010
155 W. 81st St. Assocs. v Dapper, Kenneth
It is Ordered that the motion is granted only to the extent of continuing the stay of the execution of the warrant of eviction, to and including March 9, 2010. If, by said date, the appeal has been perfected and the appellant is current in the payment of use and occupancy, then the appellant may move for a continuation of the stay. Otherwise, the warrant of eviction may be executed after said date. The January 2010 use and occupancy is to be promptly tendered to the petitioner, without prejudice. This order is without prejudice to petitioner-landlord proceeding in the trial court with the use and occupancy and legal fees hearing.
By: McKeon, P.J., Shulman, Hunter, J.J.
Motion No. 570790/09