| Zarkor LLC v Ernest Edouard |
| Motion No: 2004-00612 kc |
| Slip Opinion No: 2006 NYSlipOp 61508(U) |
| Decided on January 13, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ZARKOR LLC, Respondent, -against- ERNEST EDOUARD, Appellant. |
DECISION
Motion by tenant-appellant granted to the extent of vacating the order of dismissal dated October 6, 2004, reinstating and continuing the stay on condition tenant-appellant continue to pay rent and/or use and occupancy as the same becomes due, and enlarging tenant-appellant's time to perfect the appeal to March 3, 2006 with leave to tenant to again move in the court below to settle the minutes of oral argument and of the inquest. Cross motion by landlord-respondent for sanctions and other relief denied.
Where, as here, the court below, in the order appealed from, relies upon statements and admissions made at oral argument as well as the proof introduced at an inquest, this court requires the minutes of such argument and such inquest to be made part of the record (see Desmarat v Basile, 288 AD2d 336 [2001]). Thus, tenant-appellant may, if he be so advised, move, for a third time, in the court below to settle these minutes.