| 140 W. 28th St. Assoc., LLC v 140 W. Assoc., LLC, et al. |
| Motion No: 570557/11 |
| Slip Opinion No: 2012 NY Slip Op 76510(U) |
| Decided on June 20, 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. |
June 20, 2012
140 W. 28th St. Assoc., LLC v 140 W. Assoc., LLC, et al.
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that undertenant-appellant's motion is granted only to the extent of enlarging its time to perfect its appeal to the November 2012 term - the filing deadline is September 11, 2012. The remainder of undertenant-appellant's motion is denied. Landlord-respondent's cross-motion to dismiss the appeal is denied. In the event of undertenant-appellant's failure to comply with the foregoing condition, landlord-respondent may move, on five days' notice, for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570557/11