| 160 W. 118th St. Corp. v Gary, Mary |
| Motion No: 570927/10 |
| Slip Opinion No: 2010 NY Slip Op 87909(U) |
| Decided on November 16, 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 16, 2010
160 W. 118th St. Corp. v Gary, Mary
It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction pending determination of the appeal on condition that the appellant: 1- on or before November 29, 2010, tenders the arrears outstanding [ $1,580.41 ] to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 3- perfects her appeal by the February 2011 term - the filing date is December 15, 2010.
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.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570927/10