Heller, Robert v Cooper, Birch

Motion No: 570646/18

Slip Opinion No: 2018 NY Slip Op 84893(U)

Decided on September 27, 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.

September 27, 2018

Heller, Robert v Cooper, Birch

It is Ordered that motion & cross-motion are consolidated for disposition.

It is further Ordered that tenant-respondent's motion is granted only to extent of adjourning appeal to Dec. 2018 term. Respondent's brief shall be served & filed on or before Nov. 1, 2018. Appellant's reply brief, if any, is to be served & filed on or before Nov. 9, 2018.

It is also further Ordered that petitioner-appellant's cross-motion is granted only to the extent that tenant-respondent pays the petitioner-appellant arrears in the amount of $2,313.00, to the extent not already paid, on or before October 9, 2018, without prejudice and pay accruing use and occupancy in the amount of $771.00, on or before each subsequent rental due date, without prejudice. The cross-motion is denied in all other respects.

By: Shulman, P.J., Cooper, Edmead, J.J.

Motion No. 570646/18