| OSI LLC v Balaskonis, Asimina, et al |
| Motion No: 570323/22 |
| Slip Opinion No: 2022 NY Slip Op 73297(U) |
| Decided on October 20, 2022 |
| 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 20, 2022
OSI LLC v Balaskonis, Asimina, et al
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that petitioner-respondent's cross-motion for an order vacating the stay and dismissing the appeal is denied.
It is further Ordered that respondents-appellants motion to enlarge the time to perfect their appeal is granted. Respondents-appellants shall perfect their appeal on or before the February 2023 Term, the filing deadline for which is December 13, 2022. Respondents-appellants shall continue to pay accruing use and occupancy to the petitioner-landlord at the rent control rate of $165.25 on or before each subsequent rental due date, without prejudice. In the event respondents-appellants fail to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Edmead, P,J., Hagler, Tisch, J.J.
Motion No. 570323/22