| 470 Realty Ny, LLC v Betty Mcphatter |
| Motion No: 2010-02559 kc |
| Slip Opinion No: 2011 NY Slip Op 70153(U) |
| Decided on April 11, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 470 Realty NY, LLC, Respondent, v Betty McPhatter, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 14, 2010, and to continue a stay granted by decision and order of this court dated December 7, 2010. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motion, 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 motion by respondent is granted and the opposing papers are deemed timely served and filed; 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 June 3, 2011; and it is further,
ORDERED that the branch of the motion seeking to continue the stay granted by decision and order of this court dated December 7, 2010 is granted on condition that appellant perfect the appeal by June 3, 2011 and comply with the other conditions contained in the decision and order of this court dated December 7, 2010; and it is further,
ORDERED that in the event that the above condition is 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:
Joseph G. Golia
Justice Presiding