| Miriam Diaz v Aldo De Martino |
| Motion No: 2008-01146 QC |
| Slip Opinion No: 2009 NYSlipOp 60634(U) |
| Decided on January 8, 2009 |
| 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
| MIRIAM DIAZ, Respondent, -against- ALDO De MARTINO, Appellant. |
DECISION
On the court's own motion, motion by tenant-appellant returnable November 6, 2008, and motion by landlord-respondent returnable December 5, 2008, are consolidated for purposes of disposition.
Motion by landlord-respondent to file late opposition is granted.
Motion by tenant-appellant to continue the stay contained in the order of this court dated August 13, 2008, is granted on condition that tenant perfects the appeal by March 6, 2009 and continues to comply with all the other conditions contained in the order of this court dated August 13, 2008.
In the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
No further applications by tenant for an extension of time to perfect the appeal in order to maintain the stay pending determination of the appeal will be entertained by this court.