| David Friedman & Rachel Friedman A N.Y. Ltd. Liab. Co. v Ben "benjamin" Eisner |
| Motion No: 2005-00864 KC |
| Slip Opinion No: 2008 NYSlipOp 72895(U) |
| Decided on April 30, 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 : 2nd and 11th JUDICIAL DISTRICTS
| DAVID FRIEDMAN AND RACHEL FRIEDMAN A N.Y. LIMITED LIABILITY COMPANY, Respondent, -against- BEN "BENJAMIN" EISNER, Appellant, -and- "JOHN DOE" EISNER, Undertenant. |
DECISION
On the court's own motion, motions by landlord-respondent returnable March 25, 2008 and by tenant-appellant returnable April 4, 2008 are consolidated for purposes of disposition.
That branch of the motion by tenant-appellant seeking to submit late opposition papers is granted.
Motion by landlord-respondent to dismiss the appeal and release funds deposited with the court below prior to determination of the appeal is denied.
That branch of the motion seeking to stay the proceedings pending determination of the appeal is denied as academic.
Landlord's motion is denied since the appeal was perfected, as required by the order of this court dated May 11, 2007, on or before August 3, 2007.
It appears that tenant-appellant is no longer in possession of the subject premises and that his request for a stay was made as a matter of mere form.