Neng Bing Zhang & Fu Nan Pan v Carol Menton
Motion No: 2010-01359 kc
Slip Opinion No: 2010 NY Slip Op 78359(U)
Decided on July 27, 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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1359 K C
Neng Bing Zhang and Fu Nan Pan, Respondents, v
Carol Menton, Appellant, and John Doe
and Jane Doe, Undertenants.

Motion by appellant pursuant to CPLR 5520 (a) for an extension of time to cure her omission to file a notice of appeal from an order of the Civil Court of the City of New York, Kings County, entered April 15, 2010, and for a stay pending the determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the branch of the motion by appellant pursuant to CPLR 5520 (a) seeking an extension of time to cure her omission to file a notice of appeal is granted; and it is further,

ORDERED that the branch of the motion by appellant for a stay is denied without prejudice to renewal upon a showing that appellant has paid all use and occupancy due to date.

ENTER:

Michael L. Pesce

Presiding Justice