| FEB Realty LLC v Public Administrator/NY, et al. |
| Motion No: 570142/14 |
| Slip Opinion No: 2014 NY Slip Op 79981(U) |
| Decided on August 8, 2014 |
| 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. |
August 8, 2014
FEB Realty LLC v Public Administrator/NY, et al.
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that landlord-respondent's motion to vacate the stay and dismiss the appeal is granted, unless undertenant-appellant: 1- perfects her appeal by no later than the November 2014 term - the filing deadline is September 10, 2014, and 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. Undertenant-appellant's cross motion for poor person relief is denied. In the event of undertenant-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, Ling-Cohan, JJ.
Motion No. 570142/14