| BOP MW Residential Affordable LLC v Heard, Janiah T. |
| Motion No: 570543/24 |
| Slip Opinion No: 2024 NY Slip Op 79271(U) |
| Decided on November 29, 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. |
November 29, 2024
BOP MW Residential Affordable LLC v Heard, Janiah T.
It is Ordered that the motion of the respondent-appellant seeking an order staying the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect her appeal on or before the April 2025 term, the filing deadline for which is February 11, 2025. Respondent's briefs are to be filed on or before March 5, 2025; reply briefs, if any are due on March 14, 2025; and (2) pay accruing use and occupancy to the petitioner landlord in the amount reserved in the most recent rental agreement, on or before each subsequent rental due date, with out prejudice.
In the event the respondent-appellant 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., Brigantti, Tisch, J.J.
Motion No. 570543/24