Opinion
Motion No: 570508/11
01-09-2012
YMCA of Greater N. Y. v. Perkins, Robert
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- pays to landlord use and occupancy for the period October 2011 to January 2012 on or before January 24, 2012; and 3-continues to pay to landlord accruing use and occupancy at the rate set forth in the last lease, on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay. Tenant-appellant my proceed on the original record.
By: , III, P.J., Schoenfeld, Hunter, Jr., J.J.