| Pinnacle Dunbar Manor, LLC v Smith, Elnora & Cupid, Malik |
| Motion No: 570565/10 |
| Slip Opinion No: 2010 NY Slip Op 88753(U) |
| Decided on November 24, 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 24, 2010
Pinnacle Dunbar Manor, LLC v Smith, Elnora & Cupid, Malik
It is Ordered that the respondent-appellant Mark Cupid's motion to enlarge the time to perfect the appeal is granted and the stay of the enforcement of the judgment and warrant of eviction is continued on condition that Mr. Cupid: 1- perfects the appeal by no later than the March 2011 Term - the filing deadline is January 12, 2011; and 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of respondent-appellant Mark Cupid's failure to comply with the foregoing conditions, petitioner-respondent may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 570565/10