| 2 Macon St. Assoc., L.P. v Etwin Sealy, Tenant, Marquita Durant |
| Motion No: 2009-01304 kc |
| Slip Opinion No: 2010 NY Slip Op 66440(U) |
| Decided on March 22, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| 2 MACON STREET ASSOCIATES, L.P., Respondent, -against- ETWIN SEALY, Tenant, MARQUITA DURANT, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
The branch of the motion by appellant seeking, in essence, to reinstate and continue the stay contained in the order of this court dated August 20, 2009 is granted on condition that appellant perfect the appeal by May 7, 2010. Appellant shall continue to comply with the other conditions contained in the order of August 20, 2009.
The branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by May 7, 2010.
Cross motion by respondent to vacate the temporary stay and for other relief is denied.
In the event that the above conditions are not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or respondent may move to vacate the stay and dismiss the appeal on three days' notice.