| 26 & 34 Butler, L.L.C. v Georgette Innocent |
| Motion No: 2009-01226 kc |
| Slip Opinion No: 2010 NY Slip Op 68248(U) |
| Decided on April 8, 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
| 26 & 34 BUTLER, LLC., Respondent, -against- GEORGETTE INNOCENT, Appellant, -and- YVES CARMEL MEIRUS, "JOHN DOE" and/or "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant returnable February 11, 2010, cross motion by landlord-respondent, and motion by landlord-respondent returnable March 5, 2010 are consolidated for purposes of disposition.
Motion by landlord-respondent to file late opposition is granted, and landlord-respondent's opposition papers are deemed timely served and filed.
Motion by tenant-appellant, in essence, to reinstate and continue the stay contained in the order of this court dated August 13, 2009 is denied.
Cross motion by landlord-respondent to dismiss the appeal is denied, and the appeal shall be perfected by June 4, 2010.
Ordered that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal, or the respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.