New York City Hous. Auth. (fha Repossessed Houses) v Anzel Stafford Smith
Motion No: 2011-01041 qc
Slip Opinion No: 2012 NY Slip Op 93762(U)
Decided on December 5, 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.


Appellate Term of the Supreme Court

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

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2011-1041 Q C
New York City Housing Authority (FHA Repossessed Houses), Respondent, v Anzel Stafford Smith, Appellant, et al., Occupants.

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, dated December 28, 2010, for failure to prosecute, and to vacate a stay granted by decision and order of this court dated June 24, 2011 and continued by decisions and orders of this court dated September 27, 2011, January 23, 2012, and June 7, 2012. Separate motion by appellant for an enlargement of time to perfect the appeal, to continue the stay and to compel respondent to specify all the dates for which transcripts are necessary. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion and for other relief.

Upon the papers filed in support of respondent's motion and appellant's motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that respondent's motion and appellant's motions are consolidated for purposes of disposition; and it is further,

ORDERED that the branch of appellant's motion seeking an enlargement of time to serve and file opposition to respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondent's motion is granted, the appeal is dismissed and the stay is vacated; and it is further,

ORDERED that appellant's motions are otherwise denied.

ENTER:

Paul Kenny

Chief Clerk