78 Havemeyer, LLC v. Abuzaid

Full title: 78 Havemeyer, LLC, Appellant, v. Hussain Abuzaid, Respondent, et al.…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 26, 2018

2018 N.Y. Slip Op. 69022 (N.Y. App. Term 2018)

Opinion

Motion No: 2018-00113 KC

03-26-2018

78 Havemeyer, LLC, Appellant, v. Hussain Abuzaid, Respondent, et al., Undertenants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 29, 2016, for failure to prosecute.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied and the appeal shall be perfected by June 1, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.

Appellant, if so advised, may move to reconstruct the missing portion of the record in the Civil Court.

ENTER:

Paul Kenny

Chief Clerk