| Chinatown Preserv. HDFC v Zheng, Chan Juan |
| Motion No: 570480/14 |
| Slip Opinion No: 2015 NY Slip Op 71832(U) |
| Decided on April 30, 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 30, 2015
Chinatown Preserv. HDFC v Zheng, Chan Juan
It is Ordered that tenant-appellant counsel's application for leave to appeal to the Appellate Division, First Department is denied, without prejudice to tenant-appellant counsel's right, if so advised, to renew his application on notice to all parties.
It is Further Ordered that landlord-respondent's motion to vacate the stay of enforcement of the final judgment and warrant of eviction is granted, unless tenant-appellant: 1- perfects her 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.
The appeal shall proceed on the original record of the trial court.
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., Ling-Cohan, J.J.
Motion No. 570480/14