| Avenue A Realty v Dolshun, Mary |
| Motion No: 570197-2007 |
| Slip Opinion No: 2007 NYSlipOp 81431(U) |
| Decided on October 19, 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. |
October 19, 2007
Avenue A Realty v Dolshun, Mary
It is Ordered that the appellant's fourth motion for a continuation of the CPLR § 5519[c] stay, involving a ten month old possessory judgment granted to the landlord, is denied. This is without prejudice to movant seeking relief in the trial court, pursuant to CPLR § 5519[a][6], if so advised. The cross-motion to dismiss is granted unless the appeal is argued or submitted at the January 2008 term. The filing deadline is November 14, 2007. In the event the appellant fails to perfect by said date, the petitioner-landlord may move on five days' notice for an order dismissing the appeal.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570197-2007