43 Bronx Riv. Rd. Owners, Inc. v Jeannine Novelli
Motion No: 2009-02283 WC 04-01-2011
Slip Opinion No: 2011 NY Slip Op 73084(U)
Decided on May 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.


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

2009-2283 W C
43 Bronx River Road Owners, Inc., Respondent, v Jeannine Novelli, Appellant.

Motion by appellant on an appeal from a judgment of the City Court of Yonkers, Westchester County, entered August 31, 2009, to continue a stay granted by decision and order of this court dated January 6, 2010 and for other relief. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by appellant to continue the stay. Separate motion by respondent to vacate the stay and dismiss the appeal.

Upon the papers filed in support of the motions, 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 for an enlargement of time to serve and file opposition papers is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that the motions by appellant to continue the stay granted by decision and order of this court dated January 6, 2010 and for other relief are denied; and it is further,

ORDERED that the branch of the motion by respondent seeking to vacate the stay is granted; and it is further,

ORDERED that the branch of the motion by respondent seeking to dismiss the appeal is denied and the appeal shall be perfected by July 1, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 1, 2011, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Angela G. Iannacci

Associate Justice