Vernon Manor Coop. Apts. Section I, Inc. v Lorna Powell
Motion No: 2008-00331 WC
Slip Opinion No: 2009 NY Slip Op 72411(U)
Decided on May 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : TANENBAUM, J.P., MOLIA and LaCAVA, JJ.


NO. 2008-331 W C
VERNON MANOR CO-OPERATIVE APARTMENTS
SECTION I, INCORPORATED,

Respondent,

-against-

LORNA POWELL,

Appellant,

-and-

MICHAEL O. THOMPSON,

Undertenant.

DECISION

That branch of the motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by July 2, 2009.

That branch of the motion to continue the stay contained in the order of this court dated April 10, 2008 is granted. Tenant shall comply with the conditions therein, including the timely monthly payment of use and occupancy to landlord.

No further motions by appellant for an extension of time to perfect the appeal will be entertained by this court.

Ordered that in the event the appeal is not perfected on or before July 2, 2009, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.