Opinion
Motion No. 570024/23
03-31-2023
Unpublished Opinion
MOTION DECISION
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that motion of the petitioner-respondent is denied.
It is further Ordered that the cross-motion is granted to the extent that the respondent-appellant shall perfect their appeal by or before the September 2023 term the filing deadline for which is July 11, 2023. The respondent-appellant shall continue to pay the petitioner-landlord accruing use and occupancy in the amount previously paid by the deceased tenant of record, on or before each subsequent rental due date, without prejudice. In the event of the respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, Michael, J.J.