David Friedman & Rachel Friedman A N.Y. Ltd. Liab. Co. v Ben "benjamin" Eisner
Motion No: 2005-00864 KC
Slip Opinion No: 2007 NYSlipOp 69360(U)
Decided on May 11, 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 RIOS, JJ.


NO. 2005-864 K C
DAVID FRIEDMAN AND RACHEL FRIEDMAN
A N.Y. LIMITED LIABILITY COMPANY,

Respondents,

-against-

BEN "BENJAMIN" EISNER,

Appellant,

-and-

"JOHN DOE" EISNER,

Undertenant.

DECISION

Motion by tenant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by August 3, 2007.

Cross motion by landlords-respondents to release funds deposited with the court below is denied.

Ordered that in the event the appeal is not perfected on or before August 3, 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.

No further motions by tenant-appellant for an enlargement of time to perfect the appeal will be considered by this court.