In Gordon v. Town of Esopus, 107 A.D.2d 114 (3rd Dept 1985), appeal denied, 65 N.Y.2d 609 (1985), Ulster County Court awarded the landlord use and occupancy for the premises until the issuance of a warrant of eviction and return of possession to the landlord. The Third Department affirmed, finding, at 115, that the lower court could hold a hearing to determine use and occupancy while a stay was in place during an appeal by the respondents of the denial of a motion to dismiss.