| First Cent. Sav. Bank v Jose Yglesia |
| Motion No: 2010-02618 sc |
| Slip Opinion No: 2011 NY Slip Op 75001(U) |
| Decided on June 2, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| First Central Savings Bank, Respondent, v Jose Yglesia, Appellant, and Magdelena Yglesia, Jose Nicholas, Ynoa Nunez and Jane Doe, Undertenants. |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the District Court of Suffolk County, Fifth District, dated August 30, 2010, and to continue a stay granted by decision and order of this court dated December 22, 2010. Cross motion by respondent to dismiss the appeal, release funds on deposit, and for an award of fees, costs and sanctions.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that the branch of the motion by appellant seeking to continue the stay granted by decision and order of this court dated December 22, 2010 is granted on condition that appellant perfect the appeal by August 5, 2011 and continue to comply with the other conditions contained in the decision and order of this court dated December 22, 2010; 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 August 5, 2011; and it is further,
ORDERED that in the event that any of 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; and it is further,
ORDERED that the cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk