| Elite Mart Corp. v Dot Net, Inc., Nazneen Mamoon, Kamal Mridha & Lutsunnessa Rahmen |
| Motion No: 2011-02088 qc |
| Slip Opinion No: 2011 NY Slip Op 93517(U) |
| Decided on December 13, 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.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Elite Mart Corp., Respondent, v Dot Net, Inc., Nazneen Mamoon, Kamal Mridha and Lutsunnessa Rahmen, Appellants. |
Motion by appellants to vacate an order of this court dated September 28, 2011, which dismissed an appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated May 20, 2011, and for a stay pending the determination of the appeal.
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 by Dot Net, Inc. seeking to vacate so much of the decision and order of this court dated September 28, 2011 as dismissed the appeal insofar as taken by it is granted, and the appeal shall be perfected by February 3, 2012; and it is further,
ORDERED that the branch of the motion by Dot Net, Inc. seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected by February 3, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 3, 2012, the court, on its own motion, may vacate the stay and dismiss the appeal, or respondent may move to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person; and it is further,
ORDERED that the motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk