| Sheridan One Co., LLC v Labrew, Lawrence |
| Motion No: 570135/14 |
| Slip Opinion No: 2015 NY Slip Op 71430(U) |
| Decided on April 23, 2015 |
| 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. |
April 23, 2015
Sheridan One Co., LLC v Labrew, Lawrence
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that tenant-appellant's motion is granted on condition that tenant-appellant: 1-perfects his appeal by no later than the September 2015 term - the filing deadline is July 15, 2015,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.
It is further Ordered that landlord-respondent's cross motion is granted, on consent, only to the extent of vacating that portion of this Court's March 28, 2014 order which had stayed all proceedings in Civil Court. The stay of enforcement of the final judgment and warrant of eviction remains in effect. Any applications that seek the release of funds deposited with the trial court should be made in the Civil Court of the City of New York, Bronx County.In the event of tenant-
appellant's failure to comply with the foregoing conditions applicable to his motion, 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, J.J.
Motion No. 570135/14