| Joseph Philip v Janis Gibbs |
| Motion No: 2008-00085 KC 03-10-2010 |
| Slip Opinion No: 2010 NY Slip Op 67349(U) |
| Decided on March 24, 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
| JOSEPH PHILIP, Respondent, -against- JANIS GIBBS, Appellant, -and- HANIF GIBBS, Undertenant. |
DECISION
On the court's own motion, the motion by tenant-appellant returnable March 10, 2010, the motion by landlord-respondent returnable March 10, 2010, and the motion by tenant returnable March 17, 2010 are consolidated for purposes of disposition.
Motion by appellant to file late opposition is granted and the opposition papers are deemed timely served and filed.
Motion by appellant to continue the stay contained in the order of this court dated March 3, 2008 and to enlarge the time to perfect the appeal is denied.
The branch of the motion by respondent to vacate the stay contained in the order of this court dated March 3, 2008 is granted.
The branch of the motion by respondent to dismiss the appeal is also granted.
Tenant-appellant, if she be so advised, may move in the Civil Court to vacate the warrant of eviction based on a claim of a new lease (see Matter of Stepping Stones Assoc. v Seymour, 48 AD3d 581 [2008]).