| 55 Wall Assoc. LLC v Cosmo, William |
| Motion No: 570228/12 |
| Slip Opinion No: 2012 NY Slip Op 73287(U) |
| Decided on May 16, 2012 |
| 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. |
May 16, 2012
55 Wall Assoc. LLC v Cosmo, William
It is Ordered that landlord-respondent's motion to dismiss the appeal on the grounds that the order being appealed is not an appealable order, or that it is based upon tenant-appellant's default is denied without prejudice to landlord-respondent raising these issues in its respondent's brief. It is Further Ordered that landlord-respondent's motion to dismiss the appeal based upon tenant-appellant's failure to perfect is granted, unless tenant-appellant perfects his appeal by no later than the September 2012 term - the filing deadline is July 10, 2012. In the event of tenant-appellant's failure to comply with the foregoing condition, landlord-respondent may move, on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570228/12