Appellate Term, Supreme Court, First Department

May 8, 2026

570400/26

By: : James, P.J., Tisch, Alpert, J.J.

[*1]

It is Ordered that the motion of the respondent-appellant seeking an order staying the enforcement of the final judgment and warrant of eviction is granted on condition that the respondent-appellant: (1) perfect his appeal on or before the September 2026 term, the filing deadline for which is July 14, 2026. Respondent's briefs are to be filed on or before August 5, 2026; reply briefs, if any, are due on August 13, 2026; (2) post an undertaking, on or before May 25, 2026, in the amount of $ 24,076.12 in the Civil Court, to secure the judgment amount entered on or about November 13, 2025; and (3) pay accruing use and occupancy to the landlord in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice.

In the event the respondent-appellant fails to comply with the foregoing conditions, landlord-respondent may move, on five days notice, for an order vacating the stay and dismissing the appeal.