| Beaux Arts II, LLC v Azumendi, Mar. De Larracoechea |
| Motion No: 570069/10 |
| Slip Opinion No: 2010 NY Slip Op 66143(U) |
| Decided on March 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. |
March 22, 2010
Beaux Arts II, LLC v Azumendi, Mar. De Larracoechea
It is Ordered that the respondent-appellant's motion for an extension of time to perfect the appeal and for a continuation of the stay of the warrant of eviction is granted on condition that respondent-appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by no later than the September 2010 term - the filing deadline is July 1, 2009. In the event of respondent-appellant's failure to comply with the foregoing conditions, the petitioner-respondent may move on five days notice for an order vacating the stay.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570069/10