352-354 W. 48th St. HDFC v Rodriguez, Neil & as Ex'r of Estate of Graciela Alfonso



352-354 W. 48th St. HDFC v Rodriguez, Neil & as Ex'r of Estate of Graciela Alfonso
Motion No: 570852/12
Slip Opinion No: 2013 NY Slip Op 60306(U)
Decided on January 4, 2013
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.



January 4, 2013

352-354 W. 48th St. HDFC v Rodriguez, Neil & as Ex'r of Estate of Graciela Alfonso

It is Ordered that landlord-respondent's motion is granted, unless tenant-appellant: 1-perfects his appeal by no later than the April 2013 term - the filing deadline is February 5, 2013; 2- pays use and occupancy covering the period from September 2012 to January 2013 in the amount of $1,505.00 to the landlord on or before January 25, 2013; and 3- pays accruing use and occupancy in the amount of $301.00 to the landlord 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.

By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Motion No. 570852/12