Opinion
M-3771 M-3637
08-22-2017
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
Index No. 570716/15