| Aguilera, Diego & Cardona, Luz v Perez, Rafael |
| Motion No: 570611/16 |
| Slip Opinion No: 2017 NY Slip Op 70240(U) |
| Decided on April 12, 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. |
April 12, 2017
Aguilera, Diego & Cardona, Luz v Perez, Rafael
It is Ordered that the respondent-appellant's motion which seeks to enlarge the time to perfect the appeal is granted on condition that: 1) respondent-appellant perfects his 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 $900.00 per month, as agreed to by the parties, on or before each subsequent rental due date, without prejudice. 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 vacating the stay and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570611/16