| Lesley Drazek v Vital Transp., Inc. |
| Motion No: 2010-03213 qc |
| Slip Opinion No: 2011 NY Slip Op 75002(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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Lesley Drazek, Respondent, v Vital Transportation, Inc., 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, Queens County, entered November 4, 2010, and to continue a stay granted by decision and order of this court dated February 7, 2011. Separate motion by respondent to dismiss the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition to respondent's motion, it is
ORDERED, on the court's own motion, that the motions by respondent and appellant are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by respondent is denied; and it is further,
ORDERED that the branch of the motion by appellant for 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 the branch of the motion by appellant seeking to continue a stay granted by decision and order of this court dated February 7, 2011 is granted on condition that the appeal be perfected on or before August 5, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 5, 2011, the court on its own motion, may dismiss the appeal or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk