| 205 Third Ave. Owners v NY Found. for Senior Citizens Guardian Servs. |
| Motion No: 570990/10 |
| Slip Opinion No: 2010 NY Slip Op 89646(U) |
| Decided on December 3, 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. |
December 3, 2010
205 Third Ave. Owners v NY Found. for Senior Citizens Guardian Servs.
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that enforcement of the final judgment and execution of the warrant of eviction is stayed on condition that apellant 1 - perfects his appeal by the March 2011 term - the filing date is January 12, 2011; 2 - pays any arrears in use and occupancy due and continues to pay for accruing use and occupncy 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. 570990/10