Alfred P. Evans v Kelly Tracy
Motion No: 2010-02054 nc
Slip Opinion No: 2011 NY Slip Op 65952(U)
Decided on February 28, 2011
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 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

2010-2054 N C
Alfred P. Evans, Respondent, v Kelly Tracy, Appellant.

Motion by appellant for an enlargement of time to perfect an appeal from a final judgment of the City Court of Glen Cove, Nassau County, entered June 8, 2010, and to continue a stay granted by decision and order of this court dated November 9, 2010.

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

ORDERED that the branch of the motion seeking to continue the stay is granted on condition that appellant perfect the appeal by April 1, 2011 and continue to comply with the other conditions contained in the decision and order of this court dated November 9, 2010; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by April 1, 2011; 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:

John R. LaCava

Associate Justice