| 642-654 Whippersnapper ER LLC v Mahoney, Joseph |
| Motion No: 570645/17 |
| Slip Opinion No: 2017 NY Slip Op 90225(U) |
| Decided on October 24, 2017 |
| 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. |
October 24, 2017
642-654 Whippersnapper ER LLC v Mahoney, Joseph
It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that: 1) the appeal is perfected by no later than the February 2018 term - the filing deadline is December 12, 2017 and 2) respondent-appellant continues to pay accruing use and occupancy pursuant to the most recent lease, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, respondent may move on five days' notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570645/17