| 1200 C LLC v Clarke, Maxine |
| Motion No: 570461/12 |
| Slip Opinion No: 2012 NY Slip Op 81266(U) |
| Decided on August 14, 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. |
August 14, 2012
1200 C LLC v Clarke, Maxine
It is further Ordered that landlord-respondent's motion to vacate the stay is granted, unless tenant-appellant: 1- perfects her appeal by no later then the December 2012 term - the filing deadline is October 10, 2012; 2- pays use and occupancy arrears to the landlord for June, July and August 2012, if not already paid, in the amount of $2,392.32, on or before August 23, 2012; 3- pays to the landlord accruing use and occupancy on or before each subsequent rental due date, without prejudice. The remain der of tenant-appellant's cross-motion seeking to enlarge the record and to direct the Civil Court to issue a decision on an order to show cause is denied. 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: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570461/12