| New York City Hous. Auth. (fha Repossessed Houses) v Anzel Stafford Smith |
| Motion No: 2011-01041 qc |
| Slip Opinion No: 2012 NY Slip Op 62125(U) |
| Decided on January 23, 2012 |
| 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| New York City Housing Authority (FHA Repossessed Houses), Respondent, v Anzel Stafford Smith, Appellant, et al., Undertenants. |
Motion by appellant for an enlargement of time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated December 28, 2010, and to continue a stay granted by decision and order of this court dated June 24, 2011. Cross motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by April 6, 2012; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay granted by decision and order of this court dated June 24, 2011 is granted on condition that appellant perfect the appeal by April 6, 2012; 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 cross motion by respondent is denied.
ENTER:
Paul Kenny
Chief Clerk