| YMCA of Greater N. Y. v Perkins, Robert |
| Motion No: 570508/11 |
| Slip Opinion No: 2012 NY Slip Op 60455(U) |
| Decided on January 9, 2012 |
| 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. |
January 9, 2012
YMCA of Greater N. Y. v Perkins, Robert
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- pays to landlord use and occupancy for the period October 2011 to January 2012 on or before January 24, 2012; and 3-continues to pay to landlord accruing use and occupancy at the rate set forth in the last lease, on or before 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. Tenant-appellant my proceed on the original record.
By: Lowe, III, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 570508/11