| HP Bailey Ave. LLC v Gilmartin, Olga T. |
| Motion No: 570708/17 |
| Slip Opinion No: 2018 NY Slip Op 77973(U) |
| Decided on July 18, 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. |
July 18, 2018
HP Bailey Ave. LLC v Gilmartin, Olga T.
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 November 2018 term - the filing deadline for which is September 6, 2018; and 2) pay landlord accruing use and occupancy, as specified at the last lease rate, without prejudice. The appeal may proceed on the original record of the trial court and type-written briefs. No further enlargements. In the event of respondent-appellant's 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. 570708/17