Kiss, Matilda & Miklos v Reynoso, Augustina A. Duran, Victor F.



Kiss, Matilda & Miklos v Reynoso, Augustina A. Duran, Victor F.
Motion No: 570667/10
Slip Opinion No: 2011 NY Slip Op 63300(U)
Decided on February 7, 2011
Appellate Term, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



February 7, 2011

Kiss, Matilda & Miklos v Reynoso, Augustina A. Duran, Victor F.

It is Ordered that tenant-appellant's motion is granted and the stay of execution of the warrant of eviction is continued on condition that tenants-appellants: 1- perfect their appeal by the May 2011 Term - the filing deadline is March 8, 2011; 2- continue to pay accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of tenants-appellants' failure to comply with the foregoing conditions, the landlords-respondents may move on five days' notice for an order vacating the stay.

By: Schoenfeld, J.P., Shulman, Torres., J.J.

Motion No. 570667/10