| 100 Audubon Holdings LP v Hernandez, Ruben |
| Motion No: 570079/10 |
| Slip Opinion No: 2010 NY Slip Op 67060(U) |
| Decided on March 31, 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 31, 2010
100 Audubon Holdings LP v Hernandez, Ruben
It is Ordered that the motion for a stay is granted on condition that respondent-appellant: 1- on or before April 5, 2010, pays the balance of the arrears owed to petitioner, $!5,720.68, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 3- perfects the appeal by no later than the September 2010 term - the filing deadline is July 1, 2010. 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. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570079/10