| Ruby Maxwell v A & Z Realty A Partnership & Brooklyn Queens El. Corp. |
| Motion No: 2011-01828 kc |
| Slip Opinion No: 2012 NY Slip Op 80443(U) |
| Decided on July 18, 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.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Ruby Maxwell, Appellant, v A & Z Realty a Partnership and Brooklyn Queens Elevator Corp., Respondents. |
Motion by appellant to vacate an order of this court dated September 30, 2011, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County entered October 23, 2009 for lack of prosecution. Cross-motion by respondent Brooklyn Queens Elevator Corp. for an order precluding appellant from serving and filing further motions without leave of the court. In a separate affirmation in opposition, defendant A & Z Realty in effect cross-moves to bar further motions without leave of the court, requiring the filing of a bond by appellant during the pendency of any further motions, and for the imposition of attorneys fees and costs..
Upon the papers filed in support of the motion and cross motions and the papers filed in opposition thereto, it is
ORDERED that the application is granted and the court's order dismissing the appeal is vacated; and it is further,
ORDERED on the court's own motion, that appellant's time to perfect the appeal is hereby enlarged and the appellant's brief shall be served and filed on or before October 1, 2012 and it is further,
ORDERED that the cross-motions are denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 1, 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