117-119 15th St. L.L.C. v Rachel Murph

117-119 15th St. L.L.C. v Rachel Murph

Motion No: 2006-01556 KC

Slip Opinion No: 2007 NYSlipOp 60110(U)

Decided on January 2, 2007

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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NO. 2006-1556 K C

117-119 15TH ST. LLC.,

Respondent,

-against-

RACHEL MURPH,

Appellant.

DECISION

That branch of the motion by landlord-respondent to dismiss appeal for failure to prosecute is denied and the appeal shall be perfected by February 2, 2007.

That branch of the motion to release funds deposited with the court below is denied.

Ordered that in the event the appeal is not perfected on or before February 2, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.