| Kimball Ave. Assoc., LLC v Richard Walsh |
| Motion No: 2012-01683 wc |
| Slip Opinion No: 2013 NY Slip Op 69284(U) |
| Decided on March 25, 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
| Kimball Avenue Associates, LLC, Respondent, v Richard Walsh, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the City Court of Yonkers, Westchester County, entered September 19, 2012, and to continue a stay granted by decision and order of this court dated September 28, 2012 and extended by decision and order of this court dated December 18, 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 September 28, 2012; 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