| Beaux Arts III LLC v Hershorn, Maxine & Lisa |
| Motion No: 570005/11 |
| Slip Opinion No: 2011 NY Slip Op 70878(U) |
| Decided on April 25, 2011 |
| Appellate Term, First 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. |
April 25, 2011
Beaux Arts III LLC v Hershorn, Maxine & Lisa
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that petitioner-respondent's motion to dismiss the appeal is denied and appellant's cross motion for an enlargement of time to perfect her appeal is granted on condition that appellant: 1- perfects her appeal by no later than the September 2011 term - the filing deadline is July 6, 2011; and 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570005/11