Azznara v Grenci
Motion No: 2011-01134
Slip Opinion No: 2011 NY Slip Op 92876(U)
Decided on December 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M130447

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-01134

Daniel Azznara, appellant,

v Ann Grenci, etc., et al., respondents.

(Index No. 08-22091)

DECISION & ORDER ON MOTION

Appeal by Daniel Azznara from an order of the Supreme Court, Westchester County, dated November 29, 2010. By decision and order on motion of this Court dated April 4, 2011, as amended by three decisions and orders on motion of this Court dated May 17, 2011, September 6, 2011, and November 10, 2011, respectively, all proceedings in the above-entitled action were stayed on condition that the appeal was perfected on or before December 5, 2011; the decision and order on motion dated November 10, 2011, also enlarged the appellant's time to perfect the appeal until December 5, 2011. The appellant has not perfected the appeal.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court, and the stay granted by the decision and order on motion of this Court dated April 4, 2011, is vacated.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court