First 131 Purchase St. Assoc., Inc. Etc. v Bridget Minner & Victor Antonucci
Motion No: 2012-01317 wc
Slip Opinion No: 2013 NY Slip Op 74858(U)
Decided on May 13, 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 9th & 10th judicial Districts

HECTOR D. LaSALLE, P.J.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2012-1317 W C
First 131 Purchase Street Associates, Inc. etc., Respondent, v Bridget Minner and Victor Antonucci, Appellants.

Motion by respondent on an appeal from a decision of the City Court of Rye, Westchester County, dated June 6, 2012, to vacate a stay granted by decision and order of this court dated November 23, 2012, and to dismiss the appeal.

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 to vacate the stay contained in the decision and order of this court dated November 23, 2012 is granted and the stay is vacated; and it is further,

ORDERED that the branch of the motion seeking to dismiss the appeal is denied and the appeal shall be perfected by August 2, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 2, 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