| Sybil Pitter v Rory Gregory |
| Motion No: 2011-02980 wc |
| Slip Opinion No: 2012 NY Slip Op 78698(U) |
| Decided on June 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Sybil Pitter, Respondent, v Rory Gregory, Defendant, and Leonard M. Morrison, Escrow Agent, Appellant. |
Motion by appellant on appeals from orders of the City Court of New Rochelle, Westchester County, entered February 28, 2011 and September 22, 2011, respectively, to sever the appeals into separate docket numbers, to stay the time to perfect the appeal from the September 22, 2011 order until after the appeal from the February 28, 2011 order is decided by this court, and for an enlargement of time to perfect the appeal from the February 28, 2011 order.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of the motion seeking to sever the appeals into two separate docket numbers and to stay the time to perfect the appeal from the September 22, 2011 order until after the first appeal is decided are denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted to the extent of directing that the appeal be perfected on or before September 7, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 7, 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