| Nicole Barile, Karen Garewal, Jamia Realty Corp. v Trudy M. Byrnes |
| Motion No: 2007-01351 PC |
| Slip Opinion No: 2008 NYSlipOp 70450(U) |
| Decided on April 14, 2008 |
| 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
| NICOLE BARILE, KAREN GAREWAL, JAMIA REALTY CORPORATION, Respondents, -against- TRUDY M. BYRNES, Appellant. |
DECISION That branch of the motion by landlords-respondents to vacate the stay is denied.
That branch of the motion to dismiss appeal is denied, and appeal shall be perfected by appellant by June 6, 2008.
On the court's own motion, the order of this court dated February 11, 2008, dismissing the appeal is vacated and the appeal shall be perfected by June 6, 2008.
Ordered that in the event the appeal is not perfected on or before June 6, 2008, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.
On the court's own motion, the stay contained in the order of this court dated October 17, 2007, is reinstated and continued on condition tenant-appellant perfects the appeal by June 6, 2008.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
It is noted that pro se tenant attempted to perfect the appeal, however, tenant's briefs were rejected for failure to comply with this court's rules.