| 414 E. 77 Realty LLC v Bennett, Leigh D. |
| Motion No: 570954/11 |
| Slip Opinion No: 2012 NY Slip Op 65497(U) |
| Decided on February 28, 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. |
February 28, 2012
414 E. 77 Realty LLC v Bennett, Leigh D.
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that landlord's motion to vacate the stay is denied, and tenant's cross motion to extend the stay is granted on condition that tenant: 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 $5,652.40, on or before March 16, 2012; and 3- pays landlord accruing use and occupancy in the amount of $1,130.48 on of before each subsequent rental due date, without prejudice. In the event of tenant's failure to comply with the foregoing conditions, landlord 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