Opinion
Motion No. 570323/22
01-13-2023
OSI LLC v. Balaskonis, Asimina
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that petitioner-respondent's cross-motion for an order vacating the stay and dismissing the appeal is denied in its entirety.
It is further Ordered that respondents-appellants motion to enlarge the time to perfect their appeal is granted. Respondents-appellants shall perfect their appeal on or before the May 2023 Term, the filing deadline for which is March 8, 2023. Respondents shall continue to pay accruing use and occupancy to the petitioner-landlord at the rent control rate of $165.25 on or before each subsequent rental due date, without prejudice. In the event respondents-appellants fails to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.