| Valenzuela, Juan C. v Taveras, Jose |
| Motion No: 570978/18 |
| Slip Opinion No: 2018 NY Slip Op 88024(U) |
| Decided on November 2, 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. |
November 2, 2018
Valenzuela, Juan C. v Taveras, Jose
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 respondent-appellant: 1) perfect the appeal by no later than the March 2019 term- the filing deadline for which is January 8, 2019; 2) pay the petitioner-landlord outstanding arrears in the amount of $52,500.00 (comprised of the judgment amount dated January 26, 2018 and use and occupancy from February 2018 through October 2018), to the extent not already paid, on or before November 14, 2018, without prejudice; and 3) pay the petitioner-landlord accruing use and occupancy in the amount of $2,500.00, on or before each rental due date, without prejudice. 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, Edmead, J.J.
Motion No. 570978/18