| 129th St. Cluster Assoc., L.P. v Brown, Milton |
| Motion No: 570974/12 |
| Slip Opinion No: 2013 NY Slip Op 68922(U) |
| Decided on March 28, 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. |
March 28, 2013
129th St. Cluster Assoc., L.P. v Brown, Milton
It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the September term - the filing deadline is July 9, 2013; 2- pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement 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.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570974/12