| 2146 Better Homes HDFC v Martinez, Barbara et al. |
| Motion No: 570823/11 |
| Slip Opinion No: 2011 NY Slip Op 92277(U) |
| Decided on December 13, 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. |
December 13, 2011
2146 Better Homes HDFC v Martinez, Barbara et al.
It is Ordered that tenants-appellants' motion for a stay is granted on condition that tenants-appellants: 1- perfect their appeal by no later than the April 2012 term - the filing deadline is February 7, 2012; 2- pay rent arrears of $10,254.96, plus use and occupancy arrears for the months of August through December 2011 of $17,775.25 for a total of $28,030.21 on or before December 28, 2011; and 3- pay to the landlord accruing use and occupancy at the rate of $3,555.05 per month on or before each subsequent rental due date, without prejudice. In the event of tenants-appellants' 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. 570823/11