| HP Bailey Ave. LLC v Gilmartin, Olga T. It is Ordered that motion of respondent-appellant seeking to stay all proceedings in instant action pending determination of appeal of decision & order of (Bryan, J.) dated July 1, 2019 is denied. |
| Motion No: 570708/17 |
| Slip Opinion No: 2019 NY Slip Op 77928(U) |
| Decided on August 23, 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. |
August 23, 2019
HP Bailey Ave. LLC v Gilmartin, Olga T. It is Ordered that motion of respondent-appellant seeking to stay all proceedings in instant action pending determination of appeal of decision & order of (Bryan, J.) dated July 1, 2019 is denied.
It is Ordered that the motion of the respondent-appellant seeking an enlargement of time to perfect her appeal is granted. The appellant shall perfect her appeal by no later than the December 2, 2019 term, the filing deadline for which is October 7, 2019. The appellant shall continue to pay to the petitioner accruing use and occupancy in the amount of $1,050.88 on or before each subsequent 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. 570708/17