| 104-106 Sullivan St. LLC v Estate/Borga, Marie, et al. |
| Motion No: 570270/10 |
| Slip Opinion No: 2010 NY Slip Op 70122(U) |
| Decided on April 30, 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 30, 2010
104-106 Sullivan St. LLC v Estate/Borga, Marie, et al.
It is Ordered that the motion to vacate the stay and to dismiss the appeal is granted unless the appeal is perfected by June 23, 2010 and noticed for the September 2010 Term. The April and May use and occupancy is to be tendered to the landlord, without prejudice, by May 11, 2010. In the event of respondent-appellant's failure to comply with the orders of this Court, the petitioner may move on five days notice for an order vacating the stay, dismissing the appeal and releasing the funds on deposit to the petitioner-landlord.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570270/10