233 E. 5th St. LLC v Craig Smith and Elise Stone Tenants.

Motion No: M-646

Slip Opinion No: 2017 NYSlipOp 69274(U)

Decided on March 30, 2017

Appellate Division, 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 30, 2017

233 E. 5th St. LLC,

Petitioner-Landlord-Respondent,

v

Craig Smith and Elise Stone,

Respondents-Tenants-Appellants.

Respondents-tenants-appellants having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered on or about December 8, 2016, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted. Appellant shall file two copies of the pre-argument statement and of this order with the Clerk of the Appellate Term with proof of service, pursuant to Section 600.17 of the Rules of this Court. ENTERED: March 30, 2017 _______________________ CLERK

PRESENT - Hon. David Friedman, Justice Presiding, Richard T. Andrias Judith J. Gische Troy K. Webber,Justices

M-646

Index No. 570253/16