Strata Realty Corp. v Rosa PenaCivil N.Y. County

Motion No: M-634

Slip Opinion No: 2018 NYSlipOp 69428(U)

Decided on April 12, 2018

Appellate Division, 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 12, 2018

Strata Realty Corp.,

Petitioner-Landlord-Respondent, New York County Clerk

v

Rosa Pena,Civil N.Y. County

Respondent-Tenant-Appellant,Index No. 79638/09

"John Doe" and "Jane Doe,"

Respondents-Undertenants.

An order of the Appellate Term, First Department, entered January 18, 2018, having granted respondent-tenant-appellant leave to appeal to this Court from the order of the Appellate Term, First Department, entered December 7, 2017, And petitioner-landlord-respondent having moved to modify the Appellate Term order by vacating the stay incorporated therein or, alternatively, to condition the Appellate Term stay by requiring respondent to perfect her appeal for the June 2018 Term, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted, pursuant to CPLR

5519(c), to the extent of modifying the Appellate Term stay

to impose as conditions of a stay of the civil court judgment pending determination of the appeal to this Court, that: respondent perfects for the September 2018 Term with no further enlargements or adjournments to be granted; and further, conditioning the stay on respondent immediately becoming current with any arrears in rent or use and occupancy and remaining

current until determination of the appeal, with leave granted to petitioner to seek vacatur of the Appellate Term stay should either condition not be satisfied. ENTERED: April 12, 2018

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Richard T. Andrias Anil C. Singh Peter H. Moulton, Justices

M-634

Index No. 570821/16