| Related Broadway Dev. LLC v Malo, Stacey |
| Motion No: 570466/17 |
| Slip Opinion No: 2017 NY Slip Op 81776(U) |
| Decided on August 3, 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. |
August 3, 2017
Related Broadway Dev. LLC v Malo, Stacey
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 on condition that: 1) the appeal is perfected by no later than the November 2017 term - the filing deadline is September 13, 2017 and 2) respondent-appellant continues to pay accruing use and occupancy pursuant to the most recent lease, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, respondent may move on five days' notice for an order dismissing the appeal. The appeal may proceed on the original record of the trial court and type-written briefs.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570466/17