| 431 Audubon LLC v Jiminian, Rosa & Garcia, Ashley |
| Motion No: 570698/18 |
| Slip Opinion No: 2018 NY Slip Op 85086(U) |
| Decided on September 28, 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 28, 2018
431 Audubon LLC v Jiminian, Rosa & Garcia, Ashley
It is Ordered that the respondent-appellant's motion seeking a stay of the enforcement of the final judgment and warrant of eviction is granted on condition that respondent-appellant: 1) perfects the appeal by no later than the February 2019 term - the filing deadline for which is December 12, 2018 and 2) pays rent in the amount of the last legal rent on the subject unit each month by the 5th of that month, including payment, if any, of a lump sum consisting of all rental arrears, without prejudice. Respondent-appellant 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, P.J., Cooper, Edmead, J.J.
Motion No. 570698/18