| Esplanade 94 LLC v Al Arir, Rika |
| Motion No: 570118/18 |
| Slip Opinion No: 2018 NY Slip Op 81034(U) |
| Decided on August 21, 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 21, 2018
Esplanade 94 LLC v Al Arir, Rika
It is Ordered that the respondent-appellant's motion seeking to enlarge the time to perfect her appeal is granted on condition that respondent-appellant: 1) perfects the appeal by the December 2018 term - the filing deadline for which is October 9, 2018 and 2) continues to pay landlord accruing use and occupancy in the amount of $251.32per 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.No further enlargements of time shall be granted. 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. The papers submitted as a cross motion, not having been timely served, were considered solely in opposition to the motion (see CPLR 2215).
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570118/18