• Appellate Term, First Judicial Department
  • : Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
352-354 WEST 48TH STREET HDFC v. RODRIGUEZ, NEIL AND AS EXECUTOR OF THE ESTATE OF GRACIELA ALFONSO — It is Ordered that landlord-respondent's motion is granted, unless tenant-appellant: 1-perfects his appeal by no later than the April 2013 term-the filing deadline is February 5, 2013; 2-pays use and occupancy covering the period from September 2012 to January 2013 in the amount of $1,505.00 to the landlord on or before January 25, 2013; and 3-pays accruing use and occupancy in the amount of $301.00 to the landlord on 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.