Opinion
Motion No. 570222/24
07-31-2024
DNY 1 434-436 E. 76th LLC v. Hammer, Eileen
Unpublished Opinion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 the motion of the respondent-appellant seeking a stay of the execution of the warrant of eviction, pending appeal, is granted on condition that the respondent-appellant: (1) perfects her appeal on or before the December 2024 term, the filing deadline for which is October 9, 2024; and (2) continues to pay landlord-respondent ongoing use and occupancy pursuant to the decision/order dated February 10, 2023, (Ferdinand, J.), in the amount of $123.71, the amount designated in the last rental agreement, on or before the tenth day of each month, without prejudice. All other applications are denied.
In the event the respondent-appellant fails to comply with the foregoing conditions, the landlord-respondent may move, on five days notice, for an order vacating the stay.