| Esplanade Gardens Inc. v Licciardi, John |
| Motion No: 570518/16 |
| Slip Opinion No: 2016 NY Slip Op 80997(U) |
| Decided on July 28, 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. |
July 28, 2016
Esplanade Gardens Inc. v Licciardi, John
It is Ordered that the respondent-appellant's motion seeking a stay and the enlargement of time to perfect the appeal is granted on condition that the respondent-appellant: 1) perfects his appeal by no later than the November 2016 term - the filing deadline for which is September 13, 2016; 2) pays the landlord accruing use and occupancy in the amount of $1,274.86, representing use and occupancy pursuant to the decision and order (Stoller, J.), dated May 26, 2016, on or before each subsequent rental due date, without prejudice.
It is Further Ordered that this appeal to the extent of proceeding on the original record, is granted.
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. 570518/16