| Jackson Surrey 35th, L.L.C. v Yulia Litvinova |
| Motion No: 2008-02066 QC |
| Slip Opinion No: 2009 NY Slip Op 81327(U) |
| Decided on August 20, 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
| JACKSON SURREY 35TH, L.L.C., Respondent, -against- YULIA LITVINOVA, Appellant, -and- "JOHN DOE" & "JANE DOE", Undertenants. |
DECISION On the court's own motion, landlord-respondent's motion returnable June 12, 2009 and occupant-appellant's motion returnable June 26, 2009 are consolidated for purposes of disposition.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated December 15, 2008 and dismiss the appeal is denied.
That branch of the motion by occupant-appellant seeking, in essence, to continue the stay contained in the order of this court dated December 15, 2008 is granted on condition that appellant perfects the appeal by October 2, 2009. Appellant shall continue to comply with all the other conditions contained in the order of this court dated December 15, 2008.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 2, 2009.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.