245 E. 30th St. Invs. LLC v Alarcon, Joanna



245 E. 30th St. Invs. LLC v Alarcon, Joanna
Motion No: 571209/18
Slip Opinion No: 2019 NY Slip Op 65083(U)
Decided on March 12, 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.



March 12, 2019

245 E. 30th St. Invs. LLC v Alarcon, Joanna

It is Ordered that the motion and cross motion are consolidated for disposition.

It is further Ordered that the petitioner-respondent's motion seeking an order vacating the stay and dismissing the appeal is denied.

It is further Ordered that respondent-appellant's application for an enlargement of time to perfect her appeal as well as a continuation of the stay of enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted, on the following conditions. Respondent-appellant shall perfect her appeal by no later than the October 2019 term the filing deadline for which is August 7, 2019. Respondent-

appellant shall continue to pay petitioner-respondent accruing use and occupancy in the amount of $551.00, on or before each rental due date, without prejudice.

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

Motion No. 571209/18