| Walber 72nd St. Assoc. v Sutcliffe, David |
| Motion No: 570806/17 |
| Slip Opinion No: 2018 NY Slip Op 60129(U) |
| Decided on January 2, 2018 |
| 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. |
January 2, 2018
Walber 72nd St. Assoc. v Sutcliffe, David
It is Ordered that the motion of the respondent-appellant is granted on condition that respondent-
appellant: (1) perfects his appeal by no later than the April 2018 term, the filing deadline for which is February 6, 2018, and (2) continues to pay landlord accruing use and occupancy in the amount of $669.00, on or before each subsequent rental due date, without prejudice. In the event respondent-appellant fails to comply with the foregoing conditions, landlord may move on five days notice for an order vacating the stay.
It is further Ordered that the motion of the respondent-appellant to proceed as a poor person is granted. The appeal shall proceed on the original record of the Civil Court and typewritten briefs.
By: Shulman, J.P., Ling-Cohan, Cooper, J.J.
Motion No. 570806/17