| Valley Servs., LLC v Andrew S. Wulfman |
| Motion No: 2010-03107 orc |
| Slip Opinion No: 2011 NY Slip Op 77524(U) |
| Decided on June 27, 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
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| Valley Services, LLC, Respondent, v Andrew S. Wulfman, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from an order of the Justice Court of the Town of Newburgh, Orange County, entered November 15, 2010, to continue a stay granted by decision and order of this court dated March 1, 2011, and to vacate a restraining notice issued March 9, 2011.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to continue the stay granted by decision and order of this court dated March 1, 2011 is granted on condition that appellant perfect the appeal by September 2, 2011; 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; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 2, 2011; and it is further,
ORDERED that the branch of the motion seeking to vacate the restraining notice issued March 9, 2011 is granted, and the restraining notice is vacated.
Appellant, if he be so advised, may move in the Justice Court to reconstruct the record of the arguments made on his oral motion to dismiss.
ENTER:
Paul Kenny
Chief Clerk