| Leonard Saccheri, Jr., Petitioner-respondent v Cathedral Props. Corp. |
| Motion No: 2012-00335 nc |
| Slip Opinion No: 2012 NY Slip Op 82729(U) |
| Decided on August 10, 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Leonard Saccheri, Jr., Petitioner-Respondent, v Cathedral Properties Corp., Appellant, et al., Respondents-Respondents. |
Motion by appellant to vacate an order of this court dated June 11, 2012, which dismissed an appeal from an order of the District Court of Nassau County, First District, entered September 30, 2011, to enlarge the time to perfect the appeal, and to stay an attorney's fees' hearing.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion seeking to vacate the order of this court dated June 11, 2012 and an enlargement of time to perfect the appeal are granted, and the appeal shall be perfected by October 5, 2012; and it is further,
ORDERED that the branch of the motion seeking to stay the attorney's fees' hearing pending the determination of the appeal is granted on condition that the appeal be perfected by October 5, 2012; and it is further,
ORDERED that in the event that the appeal is not perfected on or before October 5, 2012, the court, on its own motion, may vacate the stay and dismiss the appeal, or respondents may move to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk