| David Friedman & Rachel Friedman v Ben "benjamin" Eisner |
| Motion No: 2005-00864 KC |
| Slip Opinion No: 2008 NYSlipOp 80866(U) |
| Decided on August 13, 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, Respondents, -against- BEN "BENJAMIN" EISNER, Appellant, -and- JANE DOE "EISNER", Undertenant. |
DECISION
On the court's own motion, motions by tenant-appellant returnable July 3, 2008 and July 22, 2008 and motion by landlords-respondents returnable July 9, 2008 are consolidated for disposition.
Motion by tenant-appellant to enlarge time to submit opposition to landlords-respondents' motion granted and opposing papers deemed timely served and filed.
The branches of the motion by tenant-appellant seeking to vacate the decision and order of this court dated June 12, 2008 and to submit a reply brief are granted and tenant-appellant shall serve and file said brief within 14 days of the date of the order hereon.
Motion by landlords-respondents for the release of the funds on deposit denied with leave to renew following the determination of the appeal.
That branch of the motion by tenant-appellant seeking to stay the release of funds on deposit denied as academic.
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Presiding Justice, Appellate Term
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Associate Justice, Appellate Term
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Associate Justice, Appellate Term