335-7 LLC v Steele, Tracy

Motion No: 570888/15

Slip Opinion No: 2016 NY Slip Op 63720(U)

Decided on February 9, 2016

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.

February 9, 2016

335-7 LLC v Steele, Tracy

It is Ordered that motion & cross motion are consolidated for disposition.

It is further Ordered that landlord-respondent's motion to dismiss appeal & vacate the stay is granted, unless tenant-appellant: 1) perfects its appeal by no later than May 2016 term - filing deadline is Mar. 8, 2016; 2) continues to pay landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before subsequent rental due and, 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 dimissing the appeal and vacating the stay.

It is also further Ordered that the tenant-appellant's motion to enlarge the time to perfect the appeal and to continue the stay is granted.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570888/15