| Li, Hui Min v Teixeira, Silene Matulis |
| Motion No: 570014/24 |
| Slip Opinion No: 2024 NY Slip Op 80755(U) |
| Decided on December 20, 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. |
December 20, 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 motion of the respondent-appellant seeking an enlargement of time to perfect her appeal and extend all stays is granted provided the respondent-appellant (1) perfect her appeal on or before the April 2025 term the filing deadline for which is February 11, 2025; (2) continues to pay the petitioner-respondent ongoing 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. No further enlargements of time will be given.
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., Brigantti, Tisch, J.J.
Motion No. 570014/24