| 37-31 73rd St. Owners Corp. v Paul Gullas |
| Motion No: 2012-01846 qc |
| Slip Opinion No: 2013 NY Slip Op 71540(U) |
| Decided on April 22, 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 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 37-31 73rd Street Owners Corp., Respondent, v Paul Gullas, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, dated May 24, 2012, to vacate the underlying nonpayment final judgment, to allow appellant to pay the arrears and for related relief. Cross motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that appellant's motion and respondent's cross motion are denied; and it is further,
ORDERED, on the court's own motion, that appellant's time to perfect the appeal is enlarged to July 5, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 5, 2013, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk