| Miriam Diaz v Aldo De Martino |
| Motion No: 2008-01146 QC 07-30-2009 |
| Slip Opinion No: 2009 NY Slip Op 83912(U) |
| Decided on September 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
| MIRIAM DIAZ, Respondent, -against- ALDO DE MARTINO, Appellant. |
DECISIONOn the court's own motion, motions by tenant-appellant returnable July 9, 2009 and July 30, 2009 are consolidated for purposes of disposition.
That branch of the motion by tenant-appellant seeking to vacate the dismissal of the appeal is granted, and the appeal shall be perfected by November 6, 2009.
That branch of the motion seeking to reinstate and continue the stay contained in the order of this court dated August 13, 2008 is granted on condition that appellant perfect the appeal by November 6, 2009. Tenant shall continue to comply with all other conditions contained in the order of this court dated August 13, 2008.
In the event the above conditions are not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on three days' notice.