Appellate Division: Second Judicial Department

M128588

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-08750 Tuthill Finance, L.P., respondent, v Albert Ujueta, appellant, et al., defendants. (Index No. 08-8740)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises and to stay the respondent from interfering with, among others, his possession of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered August 3, 2010, and to admit pro hac vice Asher Katz to represent the appellant on the appeal. Separate motion by the appellant to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branch of the motion which is to admit pro hac vice Asher Katz to represent the appellant on an appeal is denied as unnecessary as counsel is currently a registered attorney and counselor-at-law in the State of New York and can appear without compensation (see 22 NYCRR 118.1); and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until January 9, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion is denied.

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court