| Lutheran Hous. Dev. Fund Corp. of Pawling Doing Bus. As King's Apts. v Carl Pooler & Beatha Pooler |
| Motion No: 2011-02164 dc |
| Slip Opinion No: 2012 NY Slip Op 66713(U) |
| Decided on February 28, 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 9th & 10th judicial Districts
DENISE F. MOLIA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Lutheran Housing Development Fund Corporation of Pawling Doing Business as the King's Apartments, Respondent, v Carl Pooler and Beatha Pooler, Appellants. |
Motion by appellants to vacate an order of this court dated December 13, 2011, which dismissed an appeal from an order of the Justice Court of the Village of Pawling, Dutchess County, entered July 7, 2011, and to reinstate and continue a stay granted by decision and order of this court dated September 27, 2011, which stay was vacated by decision and order of this court dated November 10, 2011. Separate motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of appellants' motion seeking to vacate the order of this court dated December 13, 2011, which dismissed the appeal, is denied as moot, as the appeal was reinstated by decision and order of this court dated December 22, 2011and amended February 23, 2012; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay granted by decision and order of this court dated September 27, 2011 is denied; and it is further,
ORDERED that respondent's motion is denied and the appeal shall be perfected by April 6, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 6, 2012, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk