| Benally, Dawn Heather v Roberson, William |
| Motion No: 571392/25 |
| Slip Opinion No: 2025 NY Slip Op 80239(U) |
| Decided on November 7, 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. |
November 7, 2025
Benally, Dawn Heather v Roberson, William
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 the determination of his appeal is granted on condition that the respondent-appellant: (1) perfect his appeal by no later than the April 2026 Term, the filing deadline for which is February 11, 2026; (2) post an undertaking in the Civil Court in the amount of $48,000.00, to secure the judgment amount entered on September 30, 2025, as well as the accrued use and occupancy for the months of October and November 2025, on or before November 24, 2025, without prejudice; (3) pay accruing use and occupancy in the amount of $2,400.00 to the petitioner-landlord, on or before each subsequent rental due date, without 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: James, P.J., Brigantti, Tisch, J.J.
Motion No. 571392/25