BPIV

Motion No: 570147/11

Slip Opinion No: 2011 NY Slip Op 67442(U)

Decided on March 21, 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.

March 21, 2011

BPIV

It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects her appeal by no later than the June 2011 term - the filing deadline is April 12, 2011; 2- pays to the landlord the sum of $7,840.00 on or before March 24, 2011; and 3- pay for accruing use and occupancy at the rate set forth in the lease between the parties on each subsequent rental due date, without prejudice. In 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.

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

Motion No. 570147/11