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

MICHELLE WESTON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 5, 2012, and to continue a stay granted by decision and order of this court dated February 28, 2012. Cross motion by respondent to vacate the stay and dismiss the appeal. Separate motion by respondent for an enlargement of time to serve and file papers in reply to appellant's opposition to the 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 the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by respondent is granted and the reply papers are deemed timely served and filed; 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 granted by decision and order of this court dated February 28, 2012 is granted on condition that appellant perfect the appeal by September 7, 2012 and comply with the other conditions contained in the decision and order of this court dated February 28, 2012; and it is further,

ORDERED that in the event that any of the above conditions are 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.

ENTER:

Paul Kenny

Chief Clerk