| Denise Bussey v Larry Hirschfield d/b/a Elh Mgt. |
| Motion No: 2008-02008 KC |
| Slip Opinion No: 2009 NY Slip Op 79354(U) |
| Decided on July 23, 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, motion by appellant returnable April 30, 2009, and motion by respondent returnable May 18, 2009 are consolidated for purposes of disposition.
Motion by respondent to file late opposition is granted.
That branch of the motion by appellant to continue the stay contained in the order of this court dated January 21, 2009, is granted on condition that appellant perfects the appeal by September 4, 2009.
That branch of the motion, in essence, for an enlargement of time to perfect appeal is granted and appeal shall be perfected by September 4, 2009.
Ordered that in the event the appeal is not perfected on or before September 4, 2009, the court on its own motion, may vacate the stay and dismiss the appeal, or the respondent may apply to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.