| Matter of Formica Construction, Inc. v Mintz |
| Motion No: 2008-03701 |
| Slip Opinion No: 2008 NYSlipOp 77947(U) |
| Decided on July 17, 2008 |
| Appellate Division, 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 Division: Second Judicial Department
M73348
S/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-03701 In the Matter of Formica Construction, Inc., et al., respondents, v Jonathan Mintz, etc., et al., appellants. (Index No. 80357/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated March 17, 2008, to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) and to direct the appellants to perfect the appeal by a date certain. Cross motion by the appellants to continue the automatic stay or for a discretionary stay pursuant to CPLR 5519(c) if an automatic stay is not in effect.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to direct the appellants to perfect the appeal by a date certain is granted, the appellants shall perfect the appeal on or before October 16, 2008, and no enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied as academic.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court