Zevrone Realty Corp. v Kellum, Lakendra, et al.



Zevrone Realty Corp. v Kellum, Lakendra, et al.
Motion No: 570208/07
Slip Opinion No: 2007 NYSlipOp 85381(U)
Decided on December 6, 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.



December 6, 2007

Zevrone Realty Corp. v Kellum, Lakendra, et al.

It is Ordered that the motion insofar as it seeks a continuation of the stay in this illegal sublet xcvb- holdover proceeding is denied. The appellants have failed to comply with the numerous orders of this court requiring the prompt perfection of the appeal. Accordingly, the conditional stay is vacated.The cross-motion insofar as it seeks the dismissal of the appeal is granted unless the records, briefs and Notice of Argument are served and filed by January 9, 2008. In the event the appeal is not perfected by said date, the petitioner may renew this application on five days' notice for an order dismissing the appeal. The court notes that the Notice of Appeal was served and filed over eight months ago and the appeal has yet to be perfected, in violation of the rules of this court. [ see 22 NYCRR § 640.6 ]

By: Davis, J.P., Schoenfeld, Heitler, J.J.

Motion No. 570208/07