Westside Marquis v Long, Louella

Motion No: 570218/19

Slip Opinion No: 2019 NY Slip Op 70330(U)

Decided on May 10, 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.

May 10, 2019

Westside Marquis v Long, Louella It is Ordered that motion & cross motion are consolidated for disposition. It is further Ordered that respondent-appellant's motion seeking to enlarge time to perfect appeal is granted, on condition that respondent-appellant: 1) perfects appeal by no later than Nov. 2019 term, filing deadline for which is Sept. 10, 2019 & continue to pay landlord accruing use & occupancy in amount of $738.59 per month, on or before each subsequent rental due date, without prejudice.

It is also further Ordered that the petitioner-respondent's cross motion seeking to vacate the stay and to dismiss the appeal is denied. In the event the respondent-appellant fails to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay and dismissing the appeal.

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

Motion No. 570218/19