| St Marks Place Assoc. v Scott, Damion K. |
| Motion No: 571099/12 |
| Slip Opinion No: 2012 NY Slip Op 93544(U) |
| Decided on December 13, 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. |
December 13, 2012
St Marks Place Assoc. v Scott, Damion K.
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the April 2013 term - the filing deadline is February 5, 2013; 2- pays to landlord the judgment amount of $30,915, plus past use and occupancy for August to December 2012 in the aggregate amount of $10,500 on or before December 27, 2012; and 3- pays landlord accruing use and occupancy in the amount of $2,100 per month on or before 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 and dismissing the appeal. The appeal may proceed on the original record.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 571099/12