34 Hillside Ave., LLC v Mateo, Nancy, et al



34 Hillside Ave., LLC v Mateo, Nancy, et al
Motion No: 570414/18
Slip Opinion No: 2018 NY Slip Op 80244(U)
Decided on August 10, 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.



August 10, 2018

34 Hillside Ave., LLC v Mateo, Nancy, et al

It is Ordered that the respondent-appellant's motion seeking to stay the re-letting of the subject premises and removal of respondent's property is granted on condition that respondent-appellant: 1) perfect the appeal by no later than the December 2018 term - the filing deadline for which is October 9, 2018; 2) pays landlord arrears in the amount of $1,983.07 (equaling outstanding use and occupancy for June and July, 2018), to the extent not already paid, on or before August 23, 2018, without prejudice; and 3) pays landlord accruing use and occupancy in the amount of $993.49, 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 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, J.P.,Cooper, Edmead, J.J.

Motion No. 570414/18