| Yushuvayev, Mark v "John Doe" and/or "Jane Doe" |
| Motion No: 570655/19 |
| Slip Opinion No: 2019 NY Slip Op 83396(U) |
| Decided on October 31, 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 31, 2019
Yushuvayev, Mark v "John Doe" and/or "Jane Doe"
It is Ordered that the appeal may proceed on the original record of the trial court and typewritten briefs.
It is Further Ordered that the motion of the tenant-appellant is granted on the condition that tenant-appellant: (1) perfects their appeal by the March 2020 term the filing deadline for which is January 8, 2020; (2) pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event that tenant-appellant fails to comply with the foregoing conditions, landlord-respondent may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570655/19