Motion No. 570061/17.

2017 NY Slip Op 64184(U)


Supreme Court, Appellate Term, First Department.

It is Ordered that the respondent-appellant's motion which seeks to stay the enforcement of the final judgment and warrant of eviction is granted on condition that respondent-appellant: 1) perfects his appeal by no later than the June 2017 term — the filing deadline for which is April 12, 2017; 2) pays the landlord-respondent the sum of $1,090.14 (representing arrears through January 2017, as per managing agent's affidavit), to the extent not already paid, without prejudice; 3) pays landlord-respondent use and occupancy for February 2017 in the amount reserved in the most recent lease agreement, to the extent not already paid, on or before February 15, 2017, without prejudice; and 4) continues to pay landlord accruing use and occupancy on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay.


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