528 W. 123rd St. LLC v Baptiste, Franklin

Motion No: 570001/17

Slip Opinion No: 2017 NY Slip Op 70919(U)

Decided on April 18, 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 18, 2017

528 W. 123rd St. LLC v Baptiste, Franklin

It is Ordered that motion & cross motion are consolidated for disposition.

It is further Ordered that petitioner-landlord's motion which seeks to vacate stay of eviction pending appeal is granted, unless: 1) tenant-appellant files with this court settled trial transcript by July 12, 2017, filing deadline of Sept. 2017 term

It is also further Ordered that the remainder of tenant-appellant's cross-motion is denied.

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 and dismissing the appeal.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570001/17