| Elizabeth Martinez & Marcos Martinez v Philip Martinez |
| Motion No: 2008-00216 NC |
| Slip Opinion No: 2008 NYSlipOp 91456(U) |
| Decided on December 4, 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
| ELIZABETH MARTINEZ and MARCOS MARTINEZ, Respondents, -against- PHILIP MARTINEZ, Appellant, -and- "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Motion by landlord-respondent Elizabeth Martinez for reargument of this court's order dated August 18, 2008 is granted and, upon reargument, the following ordered:
That branch of the motion by tenant-appellant Philip Martinez seeking an enlargement of time to perfect the appeal is granted and time to perfect appeal enlarged to February 6, 2009.
That branch of the motion by tenant-appellant Philip Martinez seeking a stay pending hearing and determination of the appeal is granted on condition that the appeal is perfected on or before February 6, 2009.
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 three days' notice.
McCabe, J.P., taking no part.