| Perez v Levy |
| Motion No: 2011-01674 |
| Slip Opinion No: 2011 NY Slip Op 75333(U) |
| Decided on June 10, 2011 |
| Appellate Division, 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 Division: Second Judicial Department
M121443
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2011-01674 Nilsa Perez, et al., appellants, v Steve Levy, etc., et al., respondents. (Index No. 45318-10)
| DECISION & ORDER ON MOTION |
Motion by the respondents, in effect, to vacate a stay granted in a decision and order on motion of this Court dated March 3, 2011, as clarified by a decision and order on motion of this Court dated March 18, 2011, on an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2011, and to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to vacate the stay is denied as academic in light of the decision and order on motion of this Court dated April 28, 2011; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until July 11, 2011, and the respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court