43-15 & 43-33 46th St. Apt. Corp. v Marc Iroff

43-15 & 43-33 46th St. Apt. Corp. v Marc Iroff

Motion No: 2009-01769 QC

Slip Opinion No: 2009 NY Slip Op 86388(U)

Decided on October 14, 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., GOLIA and STEINHARDT, JJ.

NO. 2009-1769 Q C

43-15 and 43-33 46th STREET APARTMENT CORP.,

Respondent,

-against-

MARC IROFF,

Appellant,

-and-

MICHELINE MALOW,

Tenant.

DECISION

Motion by Marc Iroff and Micheline Malow to be restored to possession of the premises is denied.

Cross motion by landlord-respondent to dismiss the appeal as untimely is granted (CPLR 5513 [a]).