APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by January 7, 2005; otherwise motion denied.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated February 27, 2004, is granted on condition that tenant perfects the appeal by January 7, 2005; otherwise stay is vacated without further order of this court. Tenant is directed to pay landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.

Cross motion by landlord-respondent to dismiss the appeal is denied.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated March 19, 2004, is granted on condition that tenants perfect the appeal by January 7, 2005; otherwise stay is vacated without further order of this court. Tenants shall continue to comply with all the other conditions contained in the order of this court dated March 19, 2004.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by plaintiff-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by January 7, 2005; otherwise motion denied.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by occupant-appellant for a stay pending appeal is denied.

Cross motion by respondent to dismiss the appeal is denied on condition that the appeal is perfected by December 3, 2004; otherwise motion granted and appeal dismissed.