402 Nostrand Ave. Corp v Rosa Lee Smith & Philomena Smith
Motion No: 2006-01273 KC
Slip Opinion No: 2007 NYSlipOp 61055(U)
Decided on January 9, 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 : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ.

NO. 2006-1273 K C
402 NOSTRAND AVENUE CORP,

Respondent,

-against-

ROSA LEE SMITH & PHILOMENA SMITH,

Appellants.

DECISION

Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated August 30, 2006, is granted on condition that tenants perfect the appeal by March 2, 2007.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.