| 441 Covent LLC v Stafford, Betty |
| Motion No: 570939/10 |
| Slip Opinion No: 2010 NY Slip Op 87914(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
441 Covent LLC v Stafford, Betty
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before November 29, 2010, tenders any arrears outstanding to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3 - perfects her appeal by the February 2011 term - the filing date is December 15, 2010.
The Court notes that the notice of appeal was dated May 24, 2010 and the appeal has yet to be perfected. Accordingly, 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: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570939/10