Rachel Taub & Perl Fein v Katalin Pota
Motion No: 2009-00657 KC
Slip Opinion No: 2009 NY Slip Op 80434(U)
Decided on August 5, 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 STEINHARDT, JJ.

NO. 2009-657 K C
RACHEL TAUB and PERL FEIN,

Respondents,

-against-

KATALIN POTA,

Appellant.

DECISION

Motion by landlords-respondents to vacate the stay is denied without prejudice to renewal upon proper notice.

Although this court's order dated June 16, 2009 granted respondents leave to move to vacate the stay on three days' notice, when a motion is served by mail, five days must be added to the prescribed period (see CPLR 2103 [b] [2]).