| Amico v Lydia Realty Associates, LLC |
| Motion No: 2012-02375 |
| Slip Opinion No: 2013 NY Slip Op 87343(U) |
| Decided on October 4, 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. |
Appellate Division: Second Judicial Department
M163267
E/sl
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 |
Appeal by Lydia Realty Associates, LLC, from an order of the Supreme Court, Westchester County, entered December 5, 2011. By decision and order on motion of this Court dated April 19, 2012, as amended June 5, 2012, and September 20, 2012, enforcement of a judgment of the same court entered March 24, 2011, was stayed on condition that the appeal from the order was perfected on or before November 19, 2012. Additionally, by decision and order on motion of this Court dated June 17, 2013, the appellant's time to perfect the appeal was enlarged until September 15, 2013. The appellant has not perfected the appeal.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court and the stay granted by decision and order on motion of this Court dated April 19, 2012, as amended, is vacated.
BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court