| PVP Mgt. Corp. v Hurley, Joseph |
| Motion No: 570398/13 |
| Slip Opinion No: 2013 NY Slip Op 75746(U) |
| Decided on June 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. |
June 4, 2013
PVP Mgt. Corp. v Hurley, Joseph
It is Ordered that appellant's motion is granted only to the extent of staying enforcement of the possessory judgment and warrant of eviction, on condition that appellant: 1- perfects his appeal by no later than the October 2013 term - the filing deadline is August 7, 2013; 2- pays accruing use and occupancy to the landlord in the amount reserved in the most recent lease agreement on each subsequent rental due date, without prejudice;
and 3- pays to landlord $ 9,967 by June 14, 2013. That branch of appellant's motion to stay enforcement of the remaining portion of the money judgment is denied, without prejudice to appellant's right, if so advised, to seek appropriate relief in Civil Court (see CPLR 5519[a][2]). In the event of appellant's failure to comply with the foregoing conditions, respondent may move, on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570398/13