| 141 Avenue A Associates LLC v Jay Klein |
| Motion No: M-348 |
| Slip Opinion No: 2017 NYSlipOp 67794(U) |
| Decided on March 21, 2017 |
| Appellate Division, 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. |
March 21, 2017
141 Avenue A Associates LLC,
Petitioner-Respondent,
v
Jay Klein,
Respondent-Appellant.
An order of this Court having been entered on March 29,
2016 (M-796) granting respondent leave to appeal to this Court from an order of the Supreme Court, Appellate Term, First Department, entered on or about October 29, 2015, And, an order of this Court having been entered on
January 3, 2017 (M-5763), dismissing respondent's appeal, and vacating the stay of the execution of the warrant of eviction issued by the Appellate Term, First Department, which was to take effect 5 days from the entry of the January 3, 2017 order, And, respondent having moved for reargument of the
January 3, 2017 order of this Court (M-5763), for a stay of execution of the warrant of eviction, and for an enlargement of time to perfect his appeal, Now, upon reading and filing the papers with respect to
the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of reinstating respondent's appeal and continuing the stay of execution of the warrant of eviction, pursuant to the order issued by a Justice of this Court, dated January 20, 2017, on
the condition that respondent-appellant pay rent in the amount
of the last legal rent on the subject unit each month by the 5th of that month, including payment of a lump sum consisting of all
rental arrears, if any, within thirty days of entry of this order, and on the further condition that the appeal be perfected on or before July 10, 2017, for the September 2017 Term. The time to perfect said appeal is enlarged to said September 2017 Term. It is directed that all payments are to be made by hand delivery to petitioner's counsel. ENTERED: March 21, 2017
_____________________ CLERK
Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick, Justices
M-348
Index No. 570716/15