Marie G. Del Prete v Paul Palmieri
Motion No: 2008-01239 SC
Slip Opinion No: 2008 NYSlipOp 92150(U)
Decided on December 11, 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.


SUPREME COURT OF THE STATE OF NEW YORK,

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and MOLIA, JJ.

NO. 2008-1239 S C
MARIE G. DEL PRETE,

Respondent,

-against-


PAUL PALMIERI,

Appellant.

DECISIONMotion by appellant to continue the stay contained in the order of this court dated August 27, 2008, is granted on condition that appellant perfects the appeal by February 6, 2009.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.

McCabe, J., taking no part.