| Fonti, Robert G. v Marshall, Nigel |
| Motion No: 570610/11 |
| Slip Opinion No: 2011 NY Slip Op 81996(U) |
| Decided on August 25, 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 25, 2011
Fonti, Robert G. v Marshall, Nigel
It is Ordered that respondent-appellant's motion for a stay is granted on condition that appellant: 1- perfects his appeal by no later than the December 2011 term - the filing deadline is October 11, 2011; 2- continue to pay landlord accruing use and occupancy in the rental amount specified in the lease agreement governing Michelle Yu's tenancy, 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: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570610/11