Opinion
Motion No: 2016-00598 QC
05-06-2016
149-05 Owners Corporation, Landlord, v. Ira Phillips, DDS, Tenant, et al., Undertenants. Phyllis Phillips, Respondent v. Albert Fuzailof, D.D.S., et al., Appellants.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 23, 2015, for failure to perfect. Cross motion by appellants for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellants' cross motion is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]).
ENTER:
Paul Kenny
Chief Clerk