| 233 E. 3rd St. Assoc. v Ellis, Anita D. |
| Motion No: 570345/10 |
| Slip Opinion No: 2010 NY Slip Op 70124(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
233 E. 3rd St. Assoc. v Ellis, Anita D.
It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on condition that the appellant: 1- on or before May 11, 2010, pays the February to May 2010 use and occupancy to the petitioner, without prejudice; 2-continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; 3- provides access to the landlord on May 13, 2010 at 3:30 pm, unless the parties stipulate to a different date; and 4- perfects her appeal by June 23, 2010 and notices it for the September 2010 term. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days notice for an order vacating the stay. The appeal may proceed on the original record of the Civil Court.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570345/10