| DNY 1 434-436 E. 76th LLC v Hammer, Eileen |
| Motion No: 570222/24 |
| Slip Opinion No: 2024 NY Slip Op 71789(U) |
| Decided on July 31, 2024 |
| 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. |
July 31, 2024
DNY 1 434-436 E. 76th LLC v Hammer, Eileen
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the motion of the respondent-appellant seeking a stay of the execution of the warrant of eviction, pending appeal, is granted on condition that the respondent-appellant: (1) perfects her appeal on or before the December 2024 term, the filing deadline for which is October 9, 2024; and (2) continues to pay landlord-respondent ongoing use and occupancy pursuant to the decision/order dated February 10, 2023, (Ferdinand, J.), in the amount of $123.71, the amount designated in the last rental agreement, on or before the tenth day of each month, without prejudice. All other applications are denied.
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.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570222/24