| 100-106 W. 141st St. HDFC v Waldron, Gwen, et al. |
| Motion No: 570352/08 |
| Slip Opinion No: 2008 NYSlipOp 77262(U) |
| Decided on July 10, 2008 |
| 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. |
July 10, 2008
100-106 W. 141st St. HDFC v Waldron, Gwen, et al.
It is Ordered that the motion for an order permitting, pursuant to CPLR § 5520, the filing of the Notice of Appeal nunc pro tunc, is granted. There is no dispute that the Notice of Appeal was timely served, but not filed, accordingly the prior order of this court is recalled. The attorney's fee hearing is stayed on condition that the records, briefs and notice of argument are served and filed by August 13, 2008, and noticed for the October 2008 term. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570352/08