River View Towers, Inc. v Israel, William



River View Towers, Inc. v Israel, William
Motion No: 570790/10
Slip Opinion No: 2010 NY Slip Op 85251(U)
Decided on October 19, 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.



October 19, 2010

River View Towers, Inc. v Israel, William

It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before October 28, 2010, tenders $1,597- [ due pursuant to the prior order of this Court ], along with the October use and occupancy to the petitioner, without prejudice; 2- perfects his appeal by the February 2011 term - the filing date is December 15, 2010; and 3- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, the landlord- respondent may move on five days notice for an order vacating the stay. The appeal may proceed on the original record of the trial court.

By: Schoenfeld, J.P., Shulman, Hunter, J.J.

Motion No. 570790/10