| Li, Hui Min v Teixeira, Silene Matulis |
| Motion No: 570014/24 |
| Slip Opinion No: 2024 NY Slip Op 72762(U) |
| Decided on August 16, 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. |
August 16, 2024
Li, Hui Min v Teixeira, Silene Matulis
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the respondent-appellant's motion for an enlargement of time is granted. The respondent-appellant shall perfect her appeal on or before the December 2024 term, the filing deadline for which is October 9, 2024. The respondent-appellant shall continue to pay the landlord accruing use and occupancy in the amount of $9,300.00, the amount reserved in the most recent lease agreement, on or before each subsequent rental due date, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing conditions, petitioner-
respondent may move, on five days notice, for an order vacating the stay.
It is further Ordered that the cross-motion of the petitioner-respondent seeking an order directing the release of the funds deposited by the respondent-appellant pursuant to CPLR 5519(a) as an undertaking pending appeal is denied.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570014/24