| Laurence Loscalzo v Melina Rodriguez |
| Motion No: 2011-01356 sc |
| Slip Opinion No: 2013 NY Slip Op 68506(U) |
| Decided on March 8, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
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 (Appeal No. 2011-1356 S C), and to continue a stay granted by decision and order of this court dated June 24, 2011 and extended by decisions and orders of this court dated April 26, 2012, September 6, 2012 and December 20, 2012, respectively. Cross motion by respondent for, among other things, dismissal of that appeal for failure to perfect. Separate motion by appellant to consolidate the aforesaid appeal with an appeal from an order of the same court entered December 17, 2012 (Appeal No. 2013-90 S C).
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeals, and appellant's motions and respondent's cross motion, respectively, are consolidated for the purpose of disposition of the motions and cross motion; and it is further,
ORDERED that appellant's motion to consolidate the appeals is granted and the appeals are consolidated under Appeal No. 2011-1356 S C; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the consolidated appeals is granted and the consolidated appeals shall be perfected by May 3, 2013; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay is granted on condition that appellant perfect the consolidated appeal by May 3, 2013 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; and it is further,
ORDERED that respondent's cross motion is denied without prejudice to respondent, if he be so advised, moving in the District Court for relief with respect to the settlement of the record.
This court has received a record on appeal that was settled by the District Court on October 4, 2012. Any issue with respect to the settlement of the record should be addressed to the District Court.
ENTER:
Paul Kenny
Chief Clerk