| Maryann Heller Bianco v Jeffrey Schulman |
| Motion No: 2013-01246 qc |
| Slip Opinion No: 2013 NY Slip Op 84275(U) |
| Decided on August 28, 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
| Maryann Heller Bianco, Respondent, v Jeffrey Schulman, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated June 7, 2013, to vacate a stay granted by decision and order on motion of this court dated July 3, 2013, and to dismiss the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that appellant continue to comply with the conditions contained in the decision and order on motion of this court dated July 3, 2013; 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 October 31, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 31, 2013, the court, on its own motion, may dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or to vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk