| Slomin's, Inc. v Robert Serpico |
| Motion No: 2013-01315 ric |
| Slip Opinion No: 2013 NY Slip Op 81417(U) |
| Decided on July 31, 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 M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Slomin's, Inc., Appellant, v Robert Serpico, Respondent. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Richmond County, entered June 19, 2013. 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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition the appeal be perfected on or before October 4, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 4, 2013, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk