| Giovanni Landscaping Corp. v Dr. Abdul Malik & Hadia Malik |
| Motion No: 2006-02026 SC 03-21-2008 |
| Slip Opinion No: 2008 NYSlipOp 76344(U) |
| Decided on June 25, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| GIOVANNI LANDSCAPING CORPORATION, Respondent, -against- DR. ABDUL MALIK and HADIA MALIK, Appellants. |
DECISION
On the court's own motion, motion by respondent returnable March 21, 2008, and motions by appellants returnable April 18, 2008 and April 30, 2008, are hereby consolidated for purposes of disposition.
Motion by appellants for leave to submit late opposition is granted.
That branch of the motion by respondent to vacate the stay contained in the order of this court dated September 11, 2007 is denied.
That branch of the motion by respondent seeking to dismiss appeal is denied.
That branch of appellants' motion seeking to continue the stay contained in the order of this court dated September 11, 2007 is granted, on condition that appellants perfect the appeal by August 1, 2008.
That branch of appellants' motion seeking to enlarge the time to perfect the appeal is granted, and appeal shall be perfected by August 1, 2008.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on three days' notice and may serve the application in person.
No further motions by appellants for an extension of time to perfect appeal and/or continue the stay shall be entertained by this court.