| NSD 343 LLC v Dionisatos, Harablamos |
| Motion No: 570354/17 |
| Slip Opinion No: 2018 NY Slip Op 91639(U) |
| Decided on December 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. |
December 21, 2018
NSD 343 LLC v Dionisatos, Harablamos It is Ordered that motion of petitioner-respondent seeking an order vacating all stay in instant action is denied.
It is Ordered that the motion of the respondent-appellant seeking an enlargement of time to perfect the appeal is granted on condition that respondent-appellant (1) perfect his appeal by no later than the April 2019 term the filing deadline for which is February 5, 2019, and (2) continues to pay landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. This is the final enlargement of time for respondent-appellant to perfect his appeal. No further extensions of time will be given. 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., Gonzalez, Cooper, J.J.
Motion No. 570354/17