New York City Hous. Auth. (fha Repossessed Houses) v Anzel Stafford Smith
Motion No: 2011-01041 qc
Slip Opinion No: 2012 NY Slip Op 76274(U)
Decided on June 7, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-1041 Q C
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 and continued by decisions and orders of this court dated September 27, 2011 and January 23, 2012. Cross motion by respondent to vacate the stay and dismiss the appeal for failure to prosecute. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's cross motion.

Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motions and respondent's cross motion are consolidated for purposes of disposition; and it is further,

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 September 7, 2012; and it is further,

ORDERED that the branch of appellant's motion seeking to continue the stay is granted on condition that appellant perfects the appeal by September 7, 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 respondent's cross motion is denied; and it is further,

ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to respondent's cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk