| East Midtown Plaza Hous. Co., Inc. v Capozzi, Rita |
| Motion No: 570819/25 |
| Slip Opinion No: 2026 NY Slip Op 62877(U) |
| Decided on February 20, 2026 |
| 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. |
February 20, 2026
East Midtown Plaza Hous. Co., Inc. v Capozzi, Rita
It is Ordered that the motion of the respondent-appellant seeking an enlargement of time to perfect her appeal is granted in part. The appellant shall perfect her appeal on or before the June 2026 term, the filing deadline for which is April 7, 2026. Respondent's briefs are due on or before April 29, 2026; reply briefs, if any, are to be filed on or before May 7, 2026.
It is further Ordered that the respondent-appellant shall continue to pay petitioner-respondent ongoing shareholder maintenance in the amount set forth in the most recent lease agreement between the parties on or before each subsequent maintenance due date, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing conditions, the petitioner-
respondent may move, on five days notice, for an order vacating the stay.
By: James, P.J., Brigantti, Alpert, J.J.
Motion No. 570819/25