| Beaux Arts II, LLC. v Hershorn, Maxine |
| Motion No: 570005/11 |
| Slip Opinion No: 2011 NY Slip Op 80395(U) |
| Decided on August 8, 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. |
August 8, 2011
Beaux Arts II, LLC. v Hershorn, Maxine
It is Ordered that undertenant-appellant's motion to continue the stay and to enlarge the time to perfect her appeal is granted on condition that undertenant-appellant: 1- perfects her appeal by no later than the November 2011 term - the filing deadline is September 8, 2011; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of undertenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570005/11