| Laurence Loscalzo v Melina Rodriguez |
| Motion No: 2011-01356 sc |
| Slip Opinion No: 2012 NY Slip Op 83984(U) |
| Decided on September 6, 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
| Laurence Loscalzo, Respondent, v Melina Rodriguez, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from an order of the District Court of Suffolk County, Third District, entered April 21, 2011, and to continue a stay granted by decision and order of this court dated June 24, 2011. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the opposition 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 October 3, 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 June 24, 2011 is granted on condition that appellant perfect the appeal by October 3, 2012 and continue to deposit use and occupancy into court as it becomes due; 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.
ENTER:
Paul Kenny
Chief Clerk