| Esplanade Gardens, Inc. v Slade, Edward, et al. |
| Motion No: 570285/06 |
| Slip Opinion No: 2006 NYSlipOp 81297(U) |
| Decided on December 7, 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. |
December 7, 2006
Esplanade Gardens, Inc. v Slade, Edward, et al.
It is Ordered that the motion is granted only to the extent of vacating the dismissal of the appeal and extending the time to perfect the re-instated appeal to no later than the March 2007 term. The filing deadline is January 10, 2007.The motion insofar as it seeks to re-instate the stay of the execution of the warrant of eviction is denied, without prejudice to renew with proof of payment of the use and occupancy due since the January 19, 2006 judgment of the trial court.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570285/06