| David Friedman & Rachel Friedman A N.Y. Ltd. Liab. Co. v Ben "benjamin" Eisner |
| Motion No: 2005-00864 KC |
| Slip Opinion No: 2007 NYSlipOp 63215(U) |
| Decided on February 5, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DAVID FRIEDMAN AND RACHEL FRIEDMAN A N.Y. LIMITED LIABILITY COMPANY, Respondents, -against- BEN "BENJAMIN" EISNER, Appellant, -and- "JOHN DOE" EISNER, Undertenant. |
DECISION
Motions by tenant-appellant, returnable November 14, 2006, and December 12, 2006, and motion by landlords-respondents, returnable November 20, 2006, are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to file late opposition is granted.
Motion by tenant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by April 6, 2007.
Motion by landlords-respondents to dismiss appeal for failure to prosecute and release funds deposited with the court below is denied.
Motion by tenant-appellant to stay the release of funds deposited with the court below is denied.
Ordered that in the event the appeal is not perfected on or before April 6, 2007, the court on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.
We note that the funds on deposit in the court below may not be released absent a further order from this court or the determination of the appeal.