| NYCHA - Baruch Houses v Martinez, Estaban |
| Motion No: 570473/15 |
| Slip Opinion No: 2015 NY Slip Op 72477(U) |
| Decided on April 28, 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 28, 2015
NYCHA - Baruch Houses v Martinez, Estaban
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 2015 term - the filing deadline is July 15, 2015; 2- does not permit his roommate, Jose Soltren, to return to the subject apartment for any purpose during the pendency of the appeal, and 3- 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.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570473/15