| Isham 521 LLC v Almonte, Antonio |
| Motion No: 570069/18 |
| Slip Opinion No: 2018 NY Slip Op 64532(U) |
| Decided on February 16, 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 16, 2018
Isham 521 LLC v Almonte, Antonio
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 the 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.
It is further Ordered that the portion of the motion which seeks permission to appeal on the original record and to direct respondent to produce all trial exhibits is denied. 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. 570069/18