Opinion
Motion No. 571374/23
10-31-2024
200 Claremont Ave. HDFC v. Estate of Elsie Lewis et. al.
Unpublished Opinion
MOTION DECISION
By: Hagler, P.J., Brigantti, Perez, J.J.
It is Ordered that motion for permission to reargue and/or leave to appeal to Appellate Div., First Dept. is denied.
It is Ordered that the motion of the respondents-appellants seeking an order staying the enforcement of the final judgment and warrant of eviction pending the determination of the instant appeal is granted on condition that the respondents-appellants: (1) perfect their appeal on or before the February 2025 term, the filing deadline for which is December 10, 2024. Respondent's briefs are to be filed on or before January 2, 2025; reply briefs, if any, are due on January 10, 2025; and (2) pay petitioner ongoing use & occupancy in the amount of $4,000.00 per month, on or before each subsequent rental due date, without prejudice.
In the event respondents-appellants fail to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.