501 W. 41st St. Assoc., LLC v Annunziata, Frank



501 W. 41st St. Assoc., LLC v Annunziata, Frank
Motion No: 570875/12
Slip Opinion No: 2013 NY Slip Op 74852(U)
Decided on May 24, 2013
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 24, 2013

501 W. 41st St. Assoc., LLC v Annunziata, Frank

It is Ordered that landlord-respondent's motion is granted to the extent of continuing the stay on condition that tenant-appellant perfect his appeal by no later than May 31, 2013. Landlord-respondent's brief shall be filed and served on or before July 24, 2013. Reply brief, if any, is to be filed and served on or before August 1, 2013. This appeal will be calendared for the September 2013 term. All other conditions contained within this Court's October 12, 2012 order remain in effect. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.

By: Schoenfeld, J.P., Shulman, Torres, J.J.

Motion No. 570875/12