| Einhorn, Jonathan v McCloud, C. & Martin, M. |
| Motion No: 570361/15 |
| Slip Opinion No: 2015 NY Slip Op 92155(U) |
| Decided on December 2, 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. |
December 2, 2015
Einhorn, Jonathan v McCloud, C. & Martin, M.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the cross-motion of petitioner-respondent for an order vacating the stay on the execution of the warrant of eviction is granted unless the tenant-appellant perfects her appeal by no later than the March 2016 term the filing deadline for which is January 12, 2016. No further enlargements of time will be granted. The tenant-appellant shall continue to pay the landlord use and occupancy in the amount reserved in the most recent lease agreement between the landlord and the tenant of record, on or before each subsequent rental due date, without prejudice.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570361/15