| 721-735 Walton/Gerard, LLC v Figueroa, Miriam |
| Motion No: 570851/12 |
| Slip Opinion No: 2012 NY Slip Op 87446(U) |
| Decided on October 5, 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. |
October 5, 2012
721-735 Walton/Gerard, LLC v Figueroa, Miriam
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects her appeal by no later than the February 2013 term - the filing deadline is December 12, 2012; 2- pays to the landlord her share of the accruing use and occupancy in the amount of $320 on or before each subsequent rental due date, without prejudice. The appeal may proceed on the original record. 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, Torres., J.J.
Motion No. 570851/12