RSL 121 E. 82nd LLC v Finn, Jillian

Motion No: 570625/16

Slip Opinion No: 2017 NY Slip Op 62240(U)

Decided on January 27, 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 27, 2017

RSL 121 E. 82nd LLC v Finn, Jillian

It is Ordered that motion & cross motion are consolidated for disposition. It is further Ordered that petitioner-respondent's cross motion is denied.

It is also further Ordered that the respondent-appellant's motion seeking an enlargement of time to perfect her appeal is granted on condition that respondent-appellant: (1) perfects her appeal by the May 2017 term - the filing deadline for which is March 8, 2017; and 2) continues to pay the petitioner-respondent accruing use and occupancy in the amount of $1,437.85, on or before each subsequent rent due date, without prejudice.

No further enlargements of time will be granted.

In the event of respondent-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. 570625/16