| 421 W. 22nd LLC v Walberg, Otto |
| Motion No: 570562/10 |
| Slip Opinion No: 2010 NY Slip Op 76405(U) |
| Decided on July 8, 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. |
July 8, 2010
421 W. 22nd LLC v Walberg, Otto
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- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by no later than the November 2010 term - the filing deadline is September 7, 2010. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five days' notice for an order vacating this stay. The appeal may proceed on the original record of the Civil Court.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570562/10