| 105 W. 138th LLC. v Fisher, Earline |
| Motion No: 570898/10 |
| Slip Opinion No: 2010 NY Slip Op 87223(U) |
| Decided on November 5, 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. |
November 5, 2010
105 W. 138th LLC. v Fisher, Earline
It is Ordered that the motion for a stay is denied, without prejudice to renew after the deposit of $1,697,48 with the Clerk of the New York County Civil Court. This sum represents the balance due pursuant to the Civil Court order - $1,090.96, plus the November use and occupancy of $606.52. In the event the appellant desires to pursue the appeal, it may proceed on the original record of the trial court.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570898/10