| 49 E. 74th St. LLC v Slater, Eric Hunter |
| Motion No: 570959/12 |
| Slip Opinion No: 2012 NY Slip Op 88075(U) |
| Decided on October 19, 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 19, 2012
49 E. 74th St. LLC v Slater, Eric Hunter
It is Ordered that landlord-respondent�s motion to dismiss the appeal is granted, unless tenant-appellant: 1- perfects his appeal by no later than the February 2013 term - the filing deadline is December 12, 2012; and 2- pay to the landlord accruing use and occupancy in the amount of $3,400.00 on 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. The remainder of landlord-respondent�s motion is denied.
By: Lowe, III, P.J. Schoenfeld, Torres,, J.J.
Motion No. 570959/12