| 352-54 W. 48th St Hous. Dev Fund Corp v Rodriguez, Neil |
| Motion No: 570852/12 |
| Slip Opinion No: 2013 NY Slip Op 65378(U) |
| Decided on February 21, 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. |
February 21, 2013
352-54 W. 48th St Hous. Dev Fund Corp v Rodriguez, Neil
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that landlord-respondent's motion is granted, unless tenant-appellant: 1- perfects his appeals by no later than the June 2013 term - the filing deadline is April 9, 2013; 2- pays accruing use and occupancy in the amount of $301.00 to the landlord on each subsequent rental due date, without prejudice. That portion of tenant-appellant's cross-motion for costs, attorneys' fees and sanctions is denied. 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.
By: Schoenfeld, J.P., Shulman, Torres, J.J.
Motion No. 570852/12