| 46th St. Dev. , LLC v Russo, Jeremy D. |
| Motion No: 570036/11 |
| Slip Opinion No: 2011 NY Slip Op 61908(U) |
| Decided on January 21, 2011 |
| 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. |
January 21, 2011
46th St. Dev. , LLC v Russo, Jeremy D.
It is Ordered that the motion for a stay is granted to the extent of staying execution of the warrant of eviction on condition that appellant: 1- perfects her appeal by the May 2011 term - the filing deadline is March 8, 2011; 2- tenders accruing use and occupancy in the amount of $5,350 on each rental due date, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, landlord may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and handwritten briefs.
By: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570036/11