| 1894 Eastchester Professional Bldg Ltd. v Christopher, Gerald |
| Motion No: 570137/16 |
| Slip Opinion No: 2017 NY Slip Op 67824(U) |
| Decided on March 21, 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. |
March 21, 2017
1894 Eastchester Professional Bldg Ltd. v Christopher, Gerald
It is Ordered that the petitioner-respondent's motion seeking to dismiss the above-captioned appeal is granted, unless respondent-appellant perfects its appeal by no later than the September 2017 term - the filing deadline for which is July 12, 2017, and 2) respondent-appellant continues to pay use and occupancy in the amount of $5,000.00 per month (pursuant to the Order [Capella, J.], dated December 20, 2016), on or before each subsequent rental due date, without prejudice. That portion of the petitioner-respondent's application which seeks to either vacate or modify the Order (Capella, J.), dated December 20, 2017, is denied. 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 dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570137/16