43 Bronx Riv. Rd. Owners, Inc. v Jeannine Novelli
Motion No: 2009-02283 wc
Slip Opinion No: 2010 NY Slip Op 69397(U)
Decided on April 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 : TANENBAUM, J.P., MOLIA and IANNACCI, JJ.


NO. 2009-2283 W C
43 BRONX RIVER ROAD OWNERS, INC.,

Respondent,

-against-

JEANNINE NOVELLI,

Appellant.

DECISION

The branch of the motion by tenant-appellant to continue the stay contained in the order of this court dated January 6, 2010 is granted on condition that tenant perfect the appeal by July 2, 2010. Tenant shall continue to comply with the other conditions contained in the order of January 6, 2010.

The branch of the motion for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by July 2, 2010.

Cross motion by landlord-respondent to vacate the stay is denied.

In the event that the above condition is 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.