528 W. 123rd St. LLC v Baptiste, Franklin It is Ordered that respondent-appellant's motion which seeks clarification of this Court's order, dated Apr. 17, 2017 is granted. appeal may proceed on original record of trial court & type-written briefs. appellant may move in trial court to obtain a fee waiver for reproduction of transcript, if so advised.

528 W. 123rd St. LLC v Baptiste, Franklin
Motion No: 570001/17
Slip Opinion No: 2017 NY Slip Op 78976(U)
Decided on June 30, 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.

June 30, 2017

528 W. 123rd St. LLC v Baptiste, Franklin

It is Ordered that respondent-appellant's motion which seeks clarification of this Court's order, dated Apr. 17, 2017 is granted. appeal may proceed on original record of trial court & type-written briefs. appellant may move in trial court to obtain a fee waiver for reproduction of transcript, if so advised.

It is also Ordered that the branch of the motion which seeks to enlarge respondent-appellant's time to perfect his appeal and to continue the stay is granted. Respondent-appellant shall perfect his appeal by no later than the October 2017 term. The filing deadline is August 9, 2017. The Respondent's brief shall be served and filed on or before August 31, 2017. The Reply brief, if any, shall be served and filed on or before September 8, 2017. In the event of appellant's failure to comply with the foregoing condition, landlord-respondent may move on five days' notice for an order vacating the stay.

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

Motion No. 570001/17