| HP Bailey Ave. LLC v Gilmartin, Olga |
| Motion No: 570708/17 |
| Slip Opinion No: 2018 NY Slip Op 64246(U) |
| Decided on February 14, 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. |
February 14, 2018
HP Bailey Ave. LLC v Gilmartin, Olga
It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that appellant: 1) perfect her appeal by no later than the June 2018 term - the filing deadline for which is April 10, 2018; and 2) pay landlord accruing use and occupancy, as specified at the last lease rate, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570708/17