| 28th St. Invs. Co., LLC v Gentilella, Frank |
| Motion No: 571118/15 |
| Slip Opinion No: 2016 NY Slip Op 87975(U) |
| Decided on October 11, 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. |
October 11, 2016
28th St. Invs. Co., LLC v Gentilella, Frank
It is Ordered that the petitioner-respondent's motion seeking to vacate the stay imposed by this Court order, dated June 24, 2016 is granted, unless respondent-appellant: (1) perfects his appeal by no later than the February 2017 - the filing deadline for which is December 14, 2016; (2) continues to pay the landlord accruing use and occupancy in the amount of $333.47 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 571118/15