| 157-159 E. 33rd St. LLC. v Matamoros, Gerardo |
| Motion No: 570174/11 |
| Slip Opinion No: 2011 NY Slip Op 80689(U) |
| Decided on August 11, 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. |
August 11, 2011
157-159 E. 33rd St. LLC. v Matamoros, Gerardo
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that landlord-respondent's motion to vacate the stay is denied. Tenant-appellant's motion to extend the time to perfect his appeal is granted on condition that tenant-appellant: 1-perfects the appeal by no later than the November 2011 term- the filing deadline is September 8, 2011; 2- tenders to petitioner, by August 15, 2011, use and occupancy for the period June 2011 through August 2011 in the amount of $1400 per month, if such amount has not already been tendered; and 3-continues to pay petitioner accruing use and occupancy in the same amount by the 10th day of each subsequent month, without prejudice. No further enlargements will be granted. 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: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570174/11