Kalikow Family Partnership, L.P. v David Seidemann
Motion No: 2013-01814 kc
Slip Opinion No: 2013 NY Slip Op 94376(U)
Decided on December 11, 2013
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-1814 K C
Kalikow Family Partnership, L.P., Respondent, v David Seidemann, Appellant.

Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 16, 2013, for summary reversal or, in the alternative, for an enlargement of time to perfect the appeal, and to continue the stay granted by decision and order of this court dated September 26, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by March 7, 2014; and it is further,

ORDERED that the branch of the motion seeking to continue the stay granted by decision and order of this court dated September 26, 2013 is granted on condition that appellant perfect the appeal by March 7, 2014 and continue to comply with the other conditions contained in the decision and order of this court dated September 26, 2013; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

Page 1

ORDERED that the branch of the motion seeking summary reversal is denied. In the event the missing minutes of tenant's testimony cannot be located the tenant may, if he be so advised, move in the Civil Court to reconstruct the record.

ENTER:

Paul Kenny

Chief Clerk

Page 2