Miriam Diaz v Aldo De Martino
Motion No: 2008-01146 QC
Slip Opinion No: 2009 NY Slip Op 75980(U)
Decided on June 16, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON and GOLIA, JJ.

NO. 2008-1146 Q C
MIRIAM DIAZ,

Respondent,

-against-


ALDO DE MARTINO,

Appellant.

DECISION

Motion by tenant-appellant returnable March 18, 2009, and motions by landlord-respondent returnable April 29, 2009, are consolidated for purposes of disposition.

Motion by respondent to file late opposition is granted.

Motion by tenant-appellant, in essence, to continue the stay contained in the order of this court dated August 13, 2008 and thereafter extended by an order of this court dated January 8, 2009, is denied.

Motion by respondent to dismiss the appeal is granted for lack of prosecution.