141 Avenue A Associates LLC v Jay Klein

Motion No: M-3771

Slip Opinion No: 2017 NYSlipOp 83502(U)

Decided on August 22, 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.

August 22, 2017

141 Avenue A Associates LLC,

Petitioner-Respondent,

v

Jay Klein,

Respondent-Appellant.

An order of this Court having been entered on March 29,

2016 (M-796), granting respondent Jay Klein leave to appeal

to this Court from the decision and order of the Appellate

Term, entered in the office of the Clerk of the Supreme Court, New York County, on or about October 29, 2015, And respondent-appellant having moved for an enlargement

of time to perfect the appeal due to the disbarment of his counsel (M-3637), And petitioner-respondent having cross-moved to dismiss

respondent-appellant's appeal, and to vacate all stays, based

on respondent's failure to perfect the appeal (M-3771), Now, upon reading and filing the papers with respect to

the motion and cross motion, and due deliberation having been

had thereon, it is Ordered that the motion and cross motion are granted to the extent of dismissing the appeal unless it is perfected

on or before October 2, 2017 for the December 2017 Term. The stay of execution of the warrant of eviction, issued by this Court on March 21, 2017, is continued. Should petitioner-respondent obtain an order of dismissal for respondent's failure to perfect the within appeal for the December 2017 Term, the stay is vacated five days after the entry of said order of dismissal. ENTERED: August 22, 2017

_____________________ DEPUTY CLERK

Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3771

M-3637

Index No. 570716/15