| 1921 Realty, LLC v Yvrose St. Lois |
| Motion No: 2011-02076 kc |
| Slip Opinion No: 2012 NY Slip Op 66878(U) |
| Decided on March 5, 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 1921 Realty, LLC, Respondent, v Yvrose St. Lois, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 19, 2011, for noncompliance with the terms of a stay granted by decision and order of this court dated August 22, 2011 and with terms of the decisions and orders of this court dated November 2, 2011 and January 4, 2012, and to vacate the stay, or, in the alternative, for an enlargement of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that appellant is not aggrieved by the order appealed from, which granted her motion, in essence, for an enlargement of time to comply with a stipulation (see CPLR 5511); and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk