| A.B. Ilibassi Realty Co., L.P. v B. Way Café, et al |
| Motion No: 570351/08 |
| Slip Opinion No: 2008 NYSlipOp 87434(U) |
| Decided on October 28, 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. |
October 28, 2008
A.B. Ilibassi Realty Co., L.P. v B. Way Café, et al
The appellant has failed to comply with the orders of this court requiring the prompt perfection of the appeal in this holdover proceeding. In addition, the appellant continues to interfere with the residential tenants' right to the quiet enjoyment of their apartments. Accordingly, the stay is vacated. In the event the appeal is not perfected by the next available term, the petitioner may move on five days' notice for an order dismissing the appeal. The cross-motion for various relief is denied.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570351/08