| 322-24-26 W. 17 St., HDFC v Gutierrez, Sofia et. al. |
| Motion No: 570035/25 |
| Slip Opinion No: 2025 NY Slip Op 63993(U) |
| Decided on March 4, 2025 |
| 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. |
March 4, 2025
322-24-26 W. 17 St., HDFC v Gutierrez, Sofia et. al.
It is Ordered that the motion to stay enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect her appeal by no later than the June 2025 term, the filing deadline for which is April 8, 2025; (2) pay to petitioner use and occupancy in the amount of $7,886.79 (representing use and occupancy that has accrued since entry of the final judgment through March 2025, at the rate of $876.31 per month), on or before March 17, 2025; and (3) pay accruing use and occupancy to the petitioner-landlord in the amount of $876.31 on or before each subsequent maintenance due date, without prejudice.
In the event 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., Tisch, James, J.J.
Motion No. 570035/25