| 1882 Crotona Ave LLC v Perlata Gil, Frank F. |
| Motion No: 570778/16 |
| Slip Opinion No: 2017 NY Slip Op 63480(U) |
| Decided on February 7, 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. |
February 7, 2017
1882 Crotona Ave LLC v Perlata Gil, Frank F.
It is Ordered that the motion of the respondent-appellant seeking an order enlarging appellant's time to perfect its appeal is granted on condition that respondent-appellant: (1) perfects its appeal by no later than the June 2017 term the filing deadline for which is April 12, 2017; (2) pays landlord-respondent use and occupancy for February 2017, to the extent not already paid, on or before February 15, 2017; and (3) continues to pay landlord accruing use and occupancy in the amount of $2,670.00 (pursuant to the Decision [Miles, J.], dated August 30, 2016), on or before each subsequent rental due date, 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 vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570778/16