| Pinnacle Dunbar Manor, LLC v Smith, Elmora B. Et al. |
| Motion No: 570565/10 |
| Slip Opinion No: 2010 NY Slip Op 82076(U) |
| Decided on September 14, 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. |
September 14, 2010
Pinnacle Dunbar Manor, LLC v Smith, Elmora B. Et al.
It is Ordered that the respondent-appellant Malik Cupid's motion for a stay is granted on condition that Mr. Cupid: 1- perfects the appeal by no later than the January 2011 Term - the filing deadline is November 9, 2010; and 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of respondent-appellant Malik Cupid's failure to comply with the foregoing conditions, petitioner-respondent may move on five days' notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570565/10