| Infinity Corp v Evelyn Danko as Ex'r of Bert Herbert & Aliston Philip |
| Motion No: 570642/13 |
| Slip Opinion No: 2013 NY Slip Op 81968(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
Infinity Corp v Evelyn Danko as Ex'r of Bert Herbert & Aliston Philip
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that undertenant-respondent's motion to dismiss the appeal is granted, unless landlord-
appellant perfects its appeal by no later than the December term - the filing deadline is October 9, 2013. Undertenant-respondent's request for costs is denied. Landlord-appellant's cross motion is denied. In the event of landlord-appellant's failure to comply with the foregoing condition, undertenant-respondent may move, on five days' notice, for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Motion No. 570642/13