| Development Strategies Co., LLC v Astoria Equities, Inc., Ditmars Roofing & Sheet Metal Contrs., Inc. |
| Motion No: 2009-00184 SC |
| Slip Opinion No: 2010 NY Slip Op 60707(U) |
| Decided on January 6, 2010 |
| 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: 9th and 10th JUDICIAL DISTRICTS
| DEVELOPMENT STRATEGIES COMPANY, LLC, Respondent, -against- ASTORIA EQUITIES, INC., DITMARS ROOFING and SHEET METAL CONTRACTORS, INC., Appellants, -and- ANTHONY DESABATO, BEATRICE DESABATO, JR FACTORS INC., and "JANE DOE", Tenants. |
DECISION
Motion by landlord-respondent to vacate the stay contained in the order of this court dated April 21, 2009 and dismiss the appeal is denied on condition that tenants-appellants perfect the appeal by March 5, 2010. Appellants shall continue to comply with the other conditions contained in the order of this court dated April 21, 2009.
In the event that any of 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.