| Denise Bussey v Larry Hirschfield d/b/a Elh Mgt. |
| Motion No: 2008-02008 KC 12-01-2008 |
| Slip Opinion No: 2009 NYSlipOp 62040(U) |
| Decided on January 21, 2009 |
| 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| DENISE BUSSEY, Respondent, -against- LARRY HIRSCHFIELD d/b/a ELH MANAGEMENT, Appellant. |
DECISION On the court's own motion, appellant's motion returnable December 1, 2008 and respondent's motion returnable December 15, 2008 are hereby consolidated for purposes of disposition.
Motion by appellant for a stay pending appeal is granted and disbursement of the escrow account is stayed pending determination of the appeal on condition the appeal is perfected by April 3, 2009.
Motion by respondent to dismiss the appeal for failure to prosecute is denied and appeal shall be perfected by April 3, 2009.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay and/or dismiss the appeal, or the respondent may move to vacate the stay and/or dismiss the appeal on 3 days' notice.