| 145 E. 27th St. Co., LLC v West, David, et al. |
| Motion No: 570412/10 |
| Slip Opinion No: 2010 NY Slip Op 71936(U) |
| Decided on May 20, 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. |
May 20, 2010
145 E. 27th St. Co., LLC v West, David, et al.
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction until after June 30, 2010. If, by said date - 1- the transcript has been ordered and settled and the appeal has been perfected; 2- accruing use and occupancy has been paid, without prejudice; and 3- the apartment has been cleaned by a professional cleaning service, then the appellant may move for a further continuation of the stay pending the appeal. Otherwise, the warrant of eviction may be executed after June 30, 2010. The Court notes that the January 15, 2010 order that awarded a possessory judgment in this odor- based holdover proceeding has yet to be perfected. The appellant is referred to 22 NYCRR § 640.6, regarding the period to timely perfect an appeal in this Court. The appeal shall proceed on the original record of the trial court.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570412/10