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

Motion No: M-4447

Slip Opinion No: 2017 NYSlipOp 91770(U)

Decided on November 9, 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.

November 9, 2017

233 E. 5th St. LLC,

Petitioner-Landlord-Respondent,

v

Craig Smith and Elise Stone,

Respondents-Tenants-Appellants.

Respondents-tenants-appellants having moved for clarification of the order of this Court entered on March 30, 2017 (M-646) which granted respondents 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 to the extent of stating that: "all proceedings, including the attorneys' fees hearing, are stayed pending hearing and determination of the appeal". Tenants are directed to perfect their appeal by December 4, 2017 for the February 2018 Term. ENTERED: November 9, 2017 _______________________ CLERK

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

M-4447

Index No. 570253/16