206 W. 80th St. LLC v Morgan, Julianna



206 W. 80th St. LLC v Morgan, Julianna
Motion No: 570199/19
Slip Opinion No: 2019 NY Slip Op 67694(U)
Decided on April 11, 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.



April 11, 2019

206 W. 80th St. LLC v Morgan, Julianna

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 October 2019 term - the filing deadline for which is August 7, 2019; 2) pay the petitioner outstanding arrears in the amount of $3,152.64 (comprised of the use and occupancy from February 2019 through April 2019), to the extent not already paid, on or before April 26, 2019, without prejudice; and 3) pay the petitioner accruing use and occupancy in the amount of $1,050.88, 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. 570199/19