Opinion
Motion No. 2023-00944 QC
10-01-2024
Andrew Jackson Realty Co., L.P., Respondent, v. Sybill Patan, Appellant, et al., Undertenants.
Unpublished Opinion
MOTION DECISION
CHEREÉ A. BUGGS, J.P. WAVNY TOUSSAINT MARINA CORA MUNDY, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered August 11, 2023 or, in the alternative, to vacate a stay granted by decision and order of this court dated January 23, 2024 or, in the alternative, in effect, to vacate the January 23, 2024 decision and order or, in the alternative, direct appellant to pay use and occupancy. Separate motion by appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further, ORDERED that respondent's motion is denied; and it is further, ORDERED that appellant's motion is granted on condition that appellant perfect the appeal on or before December 4, 2024; and it is further, ORDERED that in the event the appeal is not perfected by December 4, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person.