| Trump CPS LLC v Gotbetter, Howard, et al. |
| Motion No: 570570/06 |
| Slip Opinion No: 2007 NYSlipOp 60392(U) |
| Decided on January 9, 2007 |
| 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. |
January 9, 2007
Trump CPS LLC v Gotbetter, Howard, et al.
It is Ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the April 2007 term - the filing deadline is February 7, 2007. The cross-motion is granted to the extent of providing that, in the event the appeal is not perfected by the April term, the petitioner may move, after February 8, 2007, in the trial court for a hearing to set the fair market rate for use and occupancy, without further application to this court. In the event the appellant fails to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay of the execution of the warrant of eviction.
By: McKeon, P.J., McCooe, Davis, J.J.
Motion No. 570570/06