79 E. Owner, LLC v Del Rio, Gloria



79 E. Owner, LLC v Del Rio, Gloria
Motion No: 570287/10
Slip Opinion No: 2010 NY Slip Op 68700(U)
Decided on April 16, 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.



April 16, 2010

79 E. Owner, LLC v Del Rio, Gloria

It is Ordered that the motion is granted only to the extent for a staying the execution of the warrant of eviction until after June 29, 2010. If, by said date, the appeal has been perfected for the next term 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 enforced after June 29, 2010. Any application for additional time to perfect the appeal will be conditioned upon the payment of use and occupancy at a rate to be set by the trial court. The appeal may proceed on the original record of the trial court.

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

Motion No. 570287/10