| 414 E. 77 Realty LLC v Bennett, Leigh D. |
| Motion No: 570954/11 |
| Slip Opinion No: 2012 NY Slip Op 61867(U) |
| Decided on January 20, 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 20, 2012
414 E. 77 Realty LLC v Bennett, Leigh D.
It is Ordered that tenant-appellant's motion to consolidate the appeals is granted and the motion for a stay is granted on condition that tenant-appellant 1- perfects the consolidated appeals by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- pays use and occupancy arrears from September 2011 through January 2012 in the total amount of $5,652.4, if not already paid, on or before February 2, 2012; and 3- pays landlord accruing use and occupancy in the amount of $1,130.48 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.
By: Lowe, III, P.J., Schoenfeld, Shulman., J.J.
Motion No. 570954/11