Lenton Warren v Raymond Leach
Motion No: 2010-01419 orc
Slip Opinion No: 2011 NY Slip Op 66298(U)
Decided on March 1, 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

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1419 OR C
Lenton Warren, Respondent, v Raymond Leach, Appellant.

Motion by appellant on an appeal from an order of the City Court of Newburgh, Orange County, dated July 2, 2010, for leave to reargue respondent's prior motion to vacate a stay, which was determined by decision and order of this court dated December 14, 2010, for an enlargement of time to perfect the appeal, and for sanctions.

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

ORDERED that the branches of the motion seeking leave to reargue and sanctions are denied; and it is further

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary as the time to perfect has not commenced to run.

ENTER:

Francis A. Nicolai

Presiding Justice