2 Macon St. Assoc., L.P. v Etwin Sealy, Tenant, Marquita Durant
Motion No: 2009-01304 kc
Slip Opinion No: 2010 NY Slip Op 75242(U)
Decided on June 16, 2010
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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MARSHA L. STEINHARDT, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2009-1304 K C
2 Macon Street Associates, L.P., Respondent, v Etwin Sealy, Tenant, Marquita Durant, Appellant, and "John Doe" and "Jane Doe", Undertenants.

Motion by appellant to enlarge the time to perfect the appeal and to continue the stay on an appeal from the order of the Civil Court of the City of New York, Kings County, entered June 15, 2009. Cross motion by respondent to vacate the stay and for other relief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is,

ORDERED that the branch of the motion by appellant seeking to continue the stay contained in the order of this court dated August 20, 2009 is granted on condition that appellant perfect the appeal by September 3, 2010. Appellant shall continue to comply with the other conditions contained in the order of August 20, 2009; and it is further,

ORDERED that the branch of the motion by appellant seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 3, 2010; and it is further,

ORDERED that the cross motion by respondent to vacate the stay and for other relief is denied; and it is further,

ORDERED that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

No further motions by appellant for an extension of time to perfect the appeal will be entertained by this court.

ENTER:

Marsha L. Steinhardt

Justice Presiding