| 320 W. 49 LLC v Conliffe, Jennifer & Eric |
| Motion No: 570219/18 |
| Slip Opinion No: 2018 NY Slip Op 72532(U) |
| Decided on May 15, 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. |
May 15, 2018
320 W. 49 LLC v Conliffe, Jennifer & Eric
It is Ordered that the respondents-appellants' motion seeking to stay the enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted, on condition that respondents-appellants: 1) perfect the appeal by the October 2018 term - the filing deadline for which is August 7, 2018; 2) pay landlord $1,654.04 (equaling outstanding use and occupancy in the amount of $413.51 per month, as specified at the last lease rate, for the months of February 2018 through May 2018), to the extent not already paid, on or before May 21, 2018, without prejudice; and 3) pay landlord accruing use and occupancy in the amount of $413.51 per month, on or before each subsequent rental due date, without prejudice. The appeal may proceed on the original record of the trial court and type-written briefs. In the event of respondents-appellants failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570219/18