1501 Ocean Parkway, LLC Etc. v Asaya Malpa
Motion No: 2011-02627 kc
Slip Opinion No: 2013 NY Slip Op 66395(U)
Decided on March 4, 2013
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

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-2627 K C
1501 Ocean Parkway, LLC etc., Respondent, v Asaya Malpa, Appellant.

Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 20, 2011, and to continue a stay granted by decision and order of this court dated December 13, 2011 and extended by decisions and orders of this court dated April 16, 2012, August 6, 2012 and November 29, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by May 3, 2013; and it is further,

ORDERED that the branch of the motion seeking to continue the stay is granted on condition that appellant perfect the appeal by May 3, 2013 and continue to comply with the other conditions contained in the decision and order of this court dated December 13, 2011; 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