| Transtar, L.L.C. v Marilyn Leon |
| Motion No: 2013-00951 qc |
| Slip Opinion No: 2013 NY Slip Op 79616(U) |
| Decided on July 8, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Transtar, L.L.C., Respondent, v Marilyn Leon, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated April 5, 2013, to vacate a stay granted by decision and order of this court dated May 24, 2013. Cross motion by appellant to continue the stay and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to vacate the stay granted by decision and order of this court dated May 24, 2013 is denied; and it is further,
ORDERED that the branch of the cross motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 4, 2013; and it is further,
ORDERED that the branch of the cross motion seeking to continue the stay is granted on condition that appellant perfect the appeal by October 4, 2013 and continue to comply with the other conditions contained in the decision and order of this court dated May 24, 2013; 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.
ENTER:
Paul Kenny
Chief Clerk