Corey Neufville v Florence Walton Steed
Motion No: 2009-01135 WC
Slip Opinion No: 2010 NY Slip Op 61878(U)
Decided on January 19, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ.


NO. 2009-1135 W C
COREY NEUFVILLE,

Respondent,

-against-


FLORENCE WALTON STEED,

Appellant.

DECISION

On the court's own motion, the motion by landlord-respondent returnable December 2, 2009 and the motion by tenant-appellant returnable December 16, 2009 are consolidated for purposes of disposition.

The motion by landlord-respondent to vacate the stay contained in the order of this court dated August 3, 2009 is denied.

The branch of the motion by tenant-appellant seeking to continue the stay contained in the order of this court dated August 3, 2009 is granted on condition that tenant perfect the appeal by March 5, 2010. Tenant shall continue to comply with the other conditions contained in the order of August 3, 2009.

The branch of the motion by tenant-appellant seeking an enlargement of time to perfect the appeal is granted and the time to perfect the appeal is enlarged to March 5, 2010.

In the event that 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.