Opinion
Motion No: 570888/15
12-03-2015
335-7 LLC v. Steele, Tracy
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered respondent-appellant's motion for an enlargement of time to perfect the appeal and to continue the stay is granted on condition that respondent-appellant: 1) perfects her appeal by no later than the March 2016 term - the filing deadline for which is January 12, 2016; and 2) pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due and, without prejudice. In the event of tenant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice for an order vacating the stay.
It is also further Order that the petitioner-respondent's cross motion to dismiss the appeal and vacate the stay is denied.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.