| Housing Dev. Assoc. v Millan, Gilbert |
| Motion No: 570953/10 |
| Slip Opinion No: 2010 NY Slip Op 88328(U) |
| Decided on November 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. |
November 19, 2010
Housing Dev. Assoc. v Millan, Gilbert
It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction on condition that the appellant: 1- perfects his appeal by the February 2011 term - the filing date is December 15, 2010; and 2- pays any arrears in use and occupancy due by November 29, 2010 and 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: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570953/10