49 EAST 74TH STREET, LLC v. SLATER, ERIC HUNTER — It is Ordered that the motion and cross motion are consolidated for disposition.

It is further Ordered that appellant's motion for a stay is granted on condition that appellant: 1-perfects his appeal by no later than the March 2013 term-the filing deadline is January 9, 2012; 2-pays to landlord past use and occupancy, if not already paid, for the period from September 2012 through December 2012 in the aggregate amount of $13,600 on or before December 21, 2012; and 3-pays landlord accruing use and occupancy in the amount of $3,4000 per month on or before each subsequent rental due date, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, landlordrespondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.