• Appellate Term, First Judicial Department
  • Jan 04 2013 (Date Decided)
  • : Lowe, III, P.J., Schoenfeld, Shulman, J.J.

LENOXVILLE ASSOCIATES v. HASSELL, AUDREY — It is Ordered that appellant's motion for a stay is granted on condition that appellant: 1-perfects her appeal by no later than the April 2013 term-the filing deadline is February 5, 2012; 2-pays to landlord past use and occupancy in the amount of $10,000 on or before December 21, 2012; and 3-pays landlord accruing use and occupancy in the amount of $1,212 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, landlord-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal. The appeal may proceed on the original record.