| McKenzie, Alfred v Damazio, Akanni |
| Motion No: 570138/17 |
| Slip Opinion No: 2017 NY Slip Op 67826(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
McKenzie, Alfred v Damazio, Akanni
It is Ordered that the respondent-appellant's motion which seeks to stay the enforcement of the final judgment and warrant of eviction is granted, without opposition, on condition that: 1) respondent-appellant perfects his appeal by no later than the June 2017 term - the filing deadline for which is April 12, 2017; 2) respondent-
appellant continues to pay accruing use and occupancy in the amount reserved in the most recent lease agreement, on or before each subsequent rental due date, without prejudice.
The Court notes that the record on appeal has been filed with the Clerk of the Court and is awaiting corrections to be made by appellant. The corrections must be served and filed by the filing deadline of the June 2017 term. The Respondent's brief shall be served and filed on or before May 4, 2017. The Reply brief, if any, shall be served and filed on or before May 12, 2017. In the event of 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. 570138/17