| 642-654 Whippersnapper ER LLC v Mahoney, Joseph |
| Motion No: 570645/17 |
| Slip Opinion No: 2018 NY Slip Op 69011(U) |
| Decided on April 5, 2018 |
| 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. |
April 5, 2018
642-654 Whippersnapper ER LLC v Mahoney, Joseph
It is Ordered that the petitioner-respondent's motion seeking to vacate the stay and to dismiss the appeal is denied. Respondent-appellant shall perfect the appeal by no later than the September 2018 term - the filing deadline for which is July 10, 2018 and continue to pay accruing use and occupancy pursuant to the most recent lease, without prejudice. In the event of respondent-appellant's failure to comply with this order, petitioner-
landlord may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570645/17