| Parkview Equities, LLC v Elizabeth Coughlin |
| Motion No: 2012-02050 wc |
| Slip Opinion No: 2013 NY Slip Op 69293(U) |
| Decided on March 26, 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
| Parkview Equities, LLC, Respondent, v Elizabeth Coughlin, Appellant. |
Motion by respondent to dismiss an appeal from an order of the City Court of Yonkers, Westchester County, dated August 20, 2012, to vacate a stay granted by decision and order of this court dated November 13, 2012, and for the release of the funds on deposit. Separate motion by appellant to continue the stay and for an enlargement of time to perfect the appeal. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motions and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion for an enlargement of time to serve and file papers in opposition to appellant's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that the branch of appellant's 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 November 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, dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice; and it is further,
ORDERED that respondent's motion to dismiss the appeal, to vacate the stay granted by decision and order of this court dated November 13, 2012, and for the release of funds on deposit is denied.
ENTER:
Paul Kenny
Chief Clerk