Appellate Division: Second Judicial Department

M151400

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-02375 Joseph C. Amico, respondent, v Lydia Realty Associates, LLC, appellant. (Index No. 10-12394)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 5, 2011, for failure to timely perfect. By order to show cause dated December 21, 2012, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order entered December 5, 2011, had been rendered academic in light of an order of the same court dated April 23, 2012, and the respondent's motion was held in abeyance in the interim. Separate motion by the respondent to vacate a stay of enforcement of a judgment of the same court entered March 24, 2011, pending hearing and determination of the appeal from the order, which was granted by decision and order on motion of this Court dated April 19, 2012, as amended June 5, 2012, and September 20, 2012.

Upon the papers filed in support of the respondent's motions and no papers having been filed in opposition or in relation thereto and upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion dated April 19, 2012, as amended June 5, 2012, and September 20, 2012, is further amended by deleting from the decretal paragraph of the order dated September 20, 2012, the date "November 19, 2012," and

substituting therefor the date "March 18, 2013," and the appellant's time to perfect the appeal is enlarged until March 18, 2013.

BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court