| Spring Cr. Assoc. v Don Hardy |
| Motion No: 2006-00141 KC |
| Slip Opinion No: 2006 NYSlipOp 77102(U) |
| Decided on October 2, 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
| SPRING CREEK ASSOC., Respondent, -against- DON HARDY, Appellant. |
DECISION
On the court's own motion, it is ordered that the matter is stricken from the General Calendar, all briefs shall be returned to the respective parties and the record remitted to the court below for preparation of a proper return pursuant to CCA 1704, and it is further ordered that the appellant shall properly perfect the appeal, which shall include the settlement pursuant to CCA 1704 of all stenographic transcripts concerning the order of January 10, 2006, by December 1, 2006.
Ordered that in the event the appeal is not perfected on or before December 1, 2006, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on (3) three days' notice, and may serve such application in person.
It is further ordered that the stay pending appeal is continued and that tenant is to continue to comply with the terms of this court's order of March 28, 2006. Upon failure of tenant to make payment in accordance with the terms of said order, landlord may move upon three (3) days' notice to vacate the stay.
Motion by respondent for an enlargement of time to submit a respondent's brief is denied as academic.