| 690 Academy Assoc. v Garcia, Hector |
| Motion No: 570078/26 |
| Slip Opinion No: 2026 NY Slip Op 64183(U) |
| Decided on March 13, 2026 |
| 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 13, 2026
690 Academy Assoc. v Garcia, Hector
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 the respondent-appellant: (1) pay petitioner-landlord ongoing use and occupancy in the amount reserved in the most recent rental agreement, on or before the rental due date; and (2) perfect his appeal on or before the June 2026 term, the filing deadline for which is April 7, 2026. The respondent-appellant may perfect his appeal utilizing the original record.
In the event the respondent-appellant fails to perfect his appeal as directed, the petitioner-respondent may move, on five days notice, for an order vacating the stay.
By: James, P.J., Tisch, Alpert, J.J.
Motion No. 570078/26