| Vladimir Blustin v Ocean Kay Realty Corp. |
| Motion No: 2012-01507 kc |
| Slip Opinion No: 2012 NY Slip Op 94981(U) |
| Decided on December 19, 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Vladimir Blustin, Respondent, v Ocean Kay Realty Corp., Appellant. |
Motion by appellant to vacate a decision and order of this court dated September 28, 2012, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered October 6, 2011, for failure to prosecute. Separate motion by respondent, in effect, for an enlargement of time to serve and file opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion 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 appellant's motion is granted, the decision and order dated September 28, 2012 is vacated, and the appeal shall be perfected by February 1, 2013; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice.
ENTER:
Paul Kenny
Chief Clerk