Appellate Term, Supreme Court, First Department

July 7, 2026

571409/25

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

[*1]

It is Ordered that the motion of the respondent-appellant seeking a stay pending appeal is granted on condition that the respondent-appellant: (1) perfect her 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) pay accrued use and occupancy from December 2025 through July 2026, in the amount of $26, 950.00 ($3,850.00 x 8) to the landlord on or before July 21, 2026, without prejudice; and (3) continue to pay accruing use and occupancy to the landlord in the amount reserved in the most recent lease agreement ($3,850.00) on or before each subsequent rental due date, without prejudice.

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