| OSI LLC v Balaskonis, Asimina |
| Motion No: 570323/22 |
| Slip Opinion No: 2023 NY Slip Op 60554(U) |
| Decided on January 13, 2023 |
| 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. |
January 13, 2023
OSI LLC v Balaskonis, Asimina
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 in its entirety.
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 May 2023 Term, the filing deadline for which is March 8, 2023. Respondents 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 fails to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570323/22