| 501 W. 41st St. Assoc., LLC v Annunziata, Frank |
| Motion No: 570875/12 |
| Slip Opinion No: 2012 NY Slip Op 87474(U) |
| Decided on October 15, 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 15, 2012
501 W. 41st St. Assoc., LLC v Annunziata, Frank
It is Ordered that the motion for a stay is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the February 2013 term- the filing deadline is December 12, 2012; 2- pays to the landlord accruing use and occupancy 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, Hunter, Jr., J.J.
Motion No. 570875/12