| 49 E. 74th St., LLC v Slater, Eric Hunter |
| Motion No: 570959/12 |
| Slip Opinion No: 2012 NY Slip Op 95044(U) |
| Decided on December 7, 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 7, 2012
49 E. 74th St., LLC v Slater, Eric Hunter
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that appellant's motion for a stay is granted on condition that appellant: 1- perfects his appeal by no later than the March 2013 term - the filing deadline is January 9, 2012; 2- pays to landlord past use and occupancy, if not already paid, for the period from September 2012 through December 2012 in the aggregate amount of $13,600 on or before December 21, 2012; and 3- pays landlord accruing use and occupancy in the amount of $3,4000 per month on or before each subsequent rental due date, without prejudice. In the event of 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.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570959/12