| 346 W. 71 Realty LLC v Lapin, Joshua |
| Motion No: 570197/13 |
| Slip Opinion No: 2013 NY Slip Op 81964(U) |
| Decided on August 9, 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. |
August 9, 2013
346 W. 71 Realty LLC v Lapin, Joshua
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that landlord-respondent's motion to vacate the stay is granted, based upon tenant-appellant's failure to comply with this Court's March 15, 2013 and June 20, 2013 orders. Landlord-respondent's motion to dismiss the appeal is granted, unless tenant-appellant perfects his appeal by no later than the December term - the filing deadline is October 9, 2013. Tenant-appellant's cross motion is otherwise denied. In the event of tenant-appellant's failure to perfect his appeal as set forth above, landlord-respondent may move, on five days' notice, for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Motion No. 570197/13