| Qpii-143-44 Sanford Ave., LLC v Eric L. Spinner |
| Motion No: 2009-02442 qc |
| Slip Opinion No: 2010 NY Slip Op 80972(U) |
| Decided on August 24, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| QPII-143-44 Sanford Avenue, LLC, Respondent, v Eric L. Spinner, Appellant. Lower Court # 64132/09 |
Motions by appellant returnable May 13, 2010 and July 8, 2010 to continue a stay and enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, dated August 14, 2009, and from a final judgment of said court entered November 18, 2009.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is,
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of the motion returnable July 8, 2010 seeking to continue the stay contained in the order of this court dated February 3, 2010 is granted on condition that appellant perfect the appeal by October 1, 2010. Appellant shall continue to comply with the other conditions contained in the order of February 3, 2010; and it is further,
ORDERED that the branch of the motion returnable July 8, 2010 seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 1, 2010; and it is further,
ORDERED that the motion returnable May 13, 2010 is denied as moot; 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.
ENTER:
Jaime A. RiosAssociate Justice