| 509 Realty Co. v Wright, Carolyn |
| Motion No: 571039/10 |
| Slip Opinion No: 2010 NY Slip Op 91834(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
509 Realty Co. v Wright, Carolyn
It is Ordered that the tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects the appeal by no later than the April 2011 Term - the filing deadline is February 8, 2011; and, 2- pays any arrears in use and occupancy due and continues to pay accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of tenant-appellant's 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 of the trial court.
By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 571039/10