Amico v Lydia Realty Associates, LLC
Motion No: 2012-02375
Slip Opinion No: 2013 NY Slip Op 76975(U)
Decided on June 17, 2013
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M158055

E/mv

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-02375

Joseph C. Amico, respondent,

v Lydia Realty Associates, LLC, appellant.

(Index No. 10-12394)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered December 5, 2011, to vacate a stay of enforcement of a judgment of the same court entered March 24, 2011, pending hearing and determination of the appeal from the order, which was granted by decision and order on motion of this Court dated April 19, 2012, as amended June 5, 2012, September 20, 2012, and February 14, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated April 19, 2012, as amended June 5, 2012, September 20, 2012, and February 14, 2013, is further amended by deleting from the decretal paragraph of the order dated February 14, 2013, the date "March 18, 2013," and substituting therefor the date "September 15, 2013," and the appellant's time to perfect the appeal is enlarged until September 15, 2013.

BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court