| Maxwell Devs., L.P. v McClain, Kenneth |
| Motion No: 570264/12 |
| Slip Opinion No: 2012 NY Slip Op 68768(U) |
| Decided on March 29, 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. |
March 29, 2012
Maxwell Devs., L.P. v McClain, Kenneth
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the September 2012 term - the filing deadline is July 10, 2012 and 2- pays to the landlord accruing use and occupancy 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 may proceed on the original record. It is further Ordered that landlord-respondent's cross-motion to dismiss the appeal is denied without prejudice to landlord-respondent raising its argument regarding the timeliness of the notice of appeal in its respondent's brief.
By: Torres, J.P., Schoenfeld, Shulman., J.J.
Motion No. 570264/12