Malcolm X. Apts. Inc v Allen, Cynthia B.



Malcolm X. Apts. Inc v Allen, Cynthia B.
Motion No: 570256/11
Slip Opinion No: 2011 NY Slip Op 69065(U)
Decided on April 6, 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.



April 6, 2011

Malcolm X. Apts. Inc v Allen, Cynthia B.

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 September 2011 term - the filing deadline is July 6, 2011; 2- pays her share of accruing use and occupancy in the amount of $78, on 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.

By: Lowe, III, P.J., Schoenfeld, Shulman., J.J.

Motion No. 570256/11