| Morningside Assoc. LLC v Bethea, Vander |
| Motion No: 570626/19 |
| Slip Opinion No: 2019 NY Slip Op 81838(U) |
| Decided on October 16, 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. |
October 16, 2019
Morningside Assoc. LLC v Bethea, Vander
It is Ordered that the motion is granted to the extent of staying enforcement of the final judgment and warrant of eviction on the condition that respondent-appellant (1) perfects the appeal by the March 2020 Term, the filing deadline for which is January 8, 2020; (2) pay petitioner-respondent use and occupancy for the months of September and October 2019 in the amount reserved in the most recent lease agreement on or before October 30,2019; and (3) pay petitioner-respondent accruing use and occupancy in the amount reserved in the most recent lease agreement 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 and dismissing the appeal.
By: Shulman, J.P., Cooper, Edmead, J.J.
Motion No. 570626/19