| 332-4 W. 47th St Assoc., LP v Buxo, Jeannie & Nabokova, Oxana |
| Motion No: 570162/22 |
| Slip Opinion No: 2023 NY Slip Op 74695(U) |
| Decided on October 5, 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. |
October 5, 2023
332-4 W. 47th St Assoc., LP v Buxo, Jeannie & Nabokova, Oxana
It is Ordered that the motion of the respondents-appellants seeking a stay of the enforcement of the final judgment and warrant of eviction is granted on condition that the respondents-appellants (1)perfect their appeal by no later than the February 2024 term the filing deadline for which is December 13, 2023. Respondents' briefs are to be filed on or before January 4, 2024. Reply briefs, if any, are to be filed on or before January 11, 2024; and (2) pay landlord accruing use and occupancy in the amount designated in the most recent lease agreement on or before each subsequent rental due date, without prejudice.
In the event the respondents-appellants fail to comply with the foregoing conditions, the landlord-respondent may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570162/22