| 245East 30th St. Invs. LLC v Alarcon, Joanna |
| Motion No: 571209/18 |
| Slip Opinion No: 2019 NY Slip Op 62022(U) |
| Decided on January 31, 2019 |
| 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. |
January 31, 2019
245East 30th St. Invs. LLC v Alarcon, Joanna
It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted, on condition that respondent-appellant: 1) perfects the appeal by no later than the May 2019 term - the filing deadline for which is March 5, 2019; 2) pays the petitioner-respondent arrears in the amount of $2,204.00 (comprised of use and occupancy from October 2018 through January 2019), to extent not already paid, on or before February 15, 2019, without prejudice; and 3) pay the petitioner accruing use and occupancy in the amount of $551.00, 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., Cooper, Edmead, J.J.
Motion No. 571209/18