| 528 W. 123rd St. LLC v Baptiste, Franklin |
| Motion No: 570001/17 |
| Slip Opinion No: 2017 NY Slip Op 61162(U) |
| Decided on January 12, 2017 |
| 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. |
January 12, 2017
528 W. 123rd St. LLC v Baptiste, Franklin
It is Ordered that the motion of the respondent-appellant is granted on condition that respondent-appellant: (1) perfect his appeal by no later than the May 2017 term, the filing deadline for which is March 8, 2017; (2) pays the 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.
It is Further Ordered that the appeal shall proceed on the original record. 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 and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Gonzalez, J.J.
Motion No. 570001/17