| Wadsworth Ventura Assoc. 367 LLC v Frias, Carmen |
| Motion No: 570204/10 |
| Slip Opinion No: 2010 NY Slip Op 66226(U) |
| Decided on March 23, 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 23, 2010
Wadsworth Ventura Assoc. 367 LLC v Frias, Carmen
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal for the June 2010 term - the filing deadline is April 13, 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 may proceed on the original record of the trial court.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570204/10