| Katz 737 Corp. v Volpe, Leonara |
| Motion No: 570114/06 |
| Slip Opinion No: 2006 NYSlipOp 65881(U) |
| Decided on March 15, 2006 |
| Appellate Term, First 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. |
March 15, 2006
Katz 737 Corp. v Volpe, Leonara
It is Ordered that the motion, pursuant to CPLR § 5519 [c], to vacate the stay of the summary proceeding in the housing court, is granted. The respondent-appellant has failed to diligently prosecute the appeal from the November 10, 2005 order of the Civil Court. To date, the appeal has yet to be perfected , in violation of 22 NYCRR § 640.6. Accordingly, the stay, issued pending the appeal, is vacated.
By: McCooe, J.P., Davis, Gangel-Jacob, J.J.
Motion No. 570114/06