Autumn Ct., LLC v Angela Salcedo
Motion No: 2010-00713 kc
Slip Opinion No: 2010 NY Slip Op 82887(U)
Decided on September 14, 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

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-713 K C
Autumn Court, LLC, Plaintiff v Angela Salcedo, Defendant. Gutman, Mintz, Baker & Sonnenfeldt, P.C., Nonparty-Appellant.

Motion by nonparty-appellant returnable July 15, 2010 to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 14, 2009, and to continue a stay contained in an order of this court dated May 5, 2010. Separate motion by nonparty-appellant returnable August 9, 2010 for leave to file late proof of service of the motion returnable July 15, 2010 and to continue the stay.

Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is,

ORDERED, on the court's own motion, that the motions by nonparty-appellant are consolidated for the purposes of disposition; and it is further,

ORDERED that the branch of the motion by nonparty-appellant returnable August 9, 2010 seeking leave to file late proof of service is granted; and it is further,

ORDERED that the branch of the motion returnable July 15, 2010 seeking to continue the stay pending the determination of the appeal is granted; and it is further,

ORDERED that the branch of the motion returnable July 15, 2010 seeking an enlargement of time to perfect the appeal and the branch of the motion returnable August 9, 2010 seeking to continue the stay are denied as moot.

The appeal was perfected on July 22, 2010.

ENTER:

Michael L. Pesce

Presiding Justice