Opinion
Motion No. 2023-00248 Index No. 157359/21Case No. 2022-04712
02-07-2023
325 Management Corp., Plaintiff-Respondent, v. Danielle Statuto, Defendant-Appellant, Alanna Faith Blagojevic, et al., Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Lizbeth González Tanya R. Kennedy John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 22, 2022,
And an order of this Court having been entered on December 01, 2022, granting defendant-appellant's motion for a stay of eviction from the premises located at 325 Broome Street, New York, New York, and a stay of further proceedings in this matter, pending the hearing and determination of the aforesaid appeal, on the conditions that the appeal is perfected for the March 2023 Term of this Court, that defendant posts an undertaking in the amount of $91,375, and pays use and occupancy at the holdover rate of $5,375 pendente lite, And defendant-appellant having moved (1) pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time in which to perfect same; (2) for a further stay of eviction from the premises; and (3) to stay all proceedings in this matter, pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted on the same conditions contained in the December 02, 2022, order of this Court, except that the appeal must be perfected for the June 2023 Term of this Court, with no further extensions to be granted.