| Joseph Philip v Janis Gibbs |
| Motion No: 2008-00085 KC |
| Slip Opinion No: 2009 NY Slip Op 81313(U) |
| Decided on August 18, 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, 11th and 13th JUDICIAL DISTRICTS
| JOSEPH PHILIP, Respondent, -against- JANIS GIBBS, Appellant, -and- HANIF GIBBS, Undertenant. |
DECISION
On the court's own motion, motion by tenant-appellant Janis Gibbs returnable June 19, 2009, cross motion by landlord-respondent returnable June 19, 2009, and motion by tenant-appellant returnable July 7, 2009, are consolidated for purposes of disposition.
Motion by tenant to file late opposition to landlord's cross motion is granted.
Motion by tenant-appellant to continue the stay contained in the order of this court dated March 3, 2008 is granted on condition that tenant perfects the appeal by October 2, 2009 and continues to comply with the other conditions of the order of March 3, 2008.
Cross motion by landlord-respondent to dismiss the appeal is denied and the appeal shall be perfected by October 2, 2009.
Ordered that in the event the appeal is not perfected on or before October 2, 2009, the court on its own motion, may vacate the stay and dismiss the appeal, or the respondent may apply to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.