Appellate Term, Supreme Court, First Department

May 8, 2026

570311/26

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 pending the determination of the appeal is granted on condition that the respondent-appellant: (1) perfects his appeal on or before the October 2026 term the filing deadline for which is August 11, 2026. Respondent's briefs are to be filed on or before September 3, 2026; reply briefs, if any, are due on September 10, 2026; (2) post an undertaking with the Civil Court in the amount of $49,840.11 (judgment amount) on or before May 18, 2026; and (3) pays landlord ongoing 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 the respondent-appellant fails to comply with the foregoing conditions, the landlord-

respondent may move, on five days notice, for an order vacating the stay and dismissing the appeal.