| Stephen Khan v Carmela Cornacchia |
| Motion No: 2007-00521 WC |
| Slip Opinion No: 2007 NYSlipOp 87543(U) |
| Decided on December 27, 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 : 9th and 10th JUDICIAL DISTRICTS
| STEPHEN KHAN, Respondent, -against- CARMELA CORNACCHIA, Appellant. |
DECISION On the court's own motion, motion by landlord-respondent returnable November 8, 2007 and motion by tenant-appellant returnable November 16, 2007 are consolidated for purposes of disposition.
Motion by landlord-respondent to vacate stay is denied.
Motion by tenant-appellant, in essence, to continue the stay contained in the order of this court dated May 17, 2007 and thereafter extended by an order of this court dated September 11, 2007 is granted on condition that tenant perfects the appeal by March 7, 2008. Tenant shall continue to comply with all the other conditions contained in the order of this court dated May 17, 2007.
In the event that the above conditions are not met by tenant-appellant, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.