76th St. Owners Corp. v Elshiekh, Fouad & Deborah



76th St. Owners Corp. v Elshiekh, Fouad & Deborah
Motion No: 571025/10
Slip Opinion No: 2010 NY Slip Op 91832(U)
Decided on December 29, 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 29, 2010

76th St. Owners Corp. v Elshiekh, Fouad & Deborah

It is Ordered that the motion and cross motion are granted to the extent of staying the execution of the warrant of eviction on condition that tenants-appellants: 1- perfect the appeal by no later than the April 2011 Term - the filing deadline is February 8, 2011; and, 2- continue to pay monthly use and occupancy of $761.82 on each subsequent rental due date. In the event of tenants-appellants' failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record.

By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.

Motion No. 571025/10