Joseph Philip v Janis Gibbs
Motion No: 2008-00085 KC
Slip Opinion No: 2009 NY Slip Op 90089(U)
Decided on November 25, 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 : WESTON, J.P., RIOS and STEINHARDT, JJ.


NO. 2008-85 K C
JOSEPH PHILIP,

Respondent,

-against-

JANIS GIBBS,

Appellant,

-and-

HANIF GIBBS,

Undertenant.

DECISION

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 February 5, 2010 and continues to comply with the other conditions of the order of this court dated March 3, 2008.

No further motions by tenant-appellant for an extension of time to perfect the appeal shall be considered by this court.

Ordered that in the event the appeal is not perfected on or before February 5, 2010, 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, and may serve such application in person.