| Elizabeth Martinez & Marcos Martinez v Philip Martinez |
| Motion No: 2008-00216 NC |
| Slip Opinion No: 2009 NYSlipOp 70208(U) |
| Decided on April 14, 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 : 9th and 10th JUDICIAL DISTRICTS
| ELIZABETH MARTINEZ and MARCOS MARTINEZ, Respondents, -against- PHILIP MARTINEZ, Appellant, -and- "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
On the court's own motion, motion by respondent returnable on February 25, 2009 and motions by tenant-appellant returnable on March 3, 2009 and March 17, 2009, are hereby consolidated for purposes of disposition.
Motion by appellant to file late opposition is granted.
Motion by respondent to vacate the stay contained in the order of this court dated December 4, 2009, and dismiss the appeal is denied.
Motion by appellant, in essence, to continue the stay contained in the order of this court dated December 4, 2008, is granted on condition that tenant perfects the appeal by June 5, 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 3 days' notice.