| 1200 C LLC v Clarke, Maxine |
| Motion No: 570461/12 |
| Slip Opinion No: 2012 NY Slip Op 92173(U) |
| Decided on November 30, 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. |
November 30, 2012
1200 C LLC v Clarke, Maxine
It is Ordered that landlord-respondent's motion to dismiss the appeal and vacate the stay is granted, unless tenant-appellant: 1- perfects her appeal by no later than the March 2013 term - the filing deadline is January 9, 2013; 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 foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570461/12