New Whitehall Apts. LLC v S.A.V. Assoc., Inc., It is Ordered that petitioner-respondent's motion & respondent-appellant's motion are consolidated for disposition. It is further Ordered that petitioner-respondent's motion is granted, only to extent of enlarging time for petitioner-respondent to serve & file its brief to June 2017 term. Respondent's Brief is to be served & filed by May 4, 2017. remainder of motion is denied.

New Whitehall Apts. LLC v S.A.V. Assoc., Inc.,
Motion No: 570644/16
Slip Opinion No: 2017 NY Slip Op 67903(U)
Decided on March 22, 2017
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.

March 22, 2017

New Whitehall Apts. LLC v S.A.V. Assoc., Inc.,

It is Ordered that petitioner-respondent's motion & respondent-appellant's motion are consolidated for disposition.

It is further Ordered that petitioner-respondent's motion is granted, only to extent of enlarging time for petitioner-respondent to serve & file its brief to June 2017 term. Respondent's Brief is to be served & filed by May 4, 2017. remainder of motion is denied.

It is also further Ordered that respondent-appellant's motion which seeks an enlargement of time is granted on condition that: 1) respondent-appellant's Record on Appeal shall be served and filed on or before April 12, 2017 - the filing deadline of the June 2017 term; 2) continues to pay the petitioner-respondent accruing use and occupancy in the amount of $15,000.00 on or before each subsequent rental due date, without prejudice. Reply brief, if any, shall be served and filed on or before May 12, 2017. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days' notice, for an order dismissing the appeal.

By: Schoenfeld, J.P., Shulman, Ling-Cohan., J.J.

Motion No. 570644/16