| Lr Credit 15, LLC v Darryl Alford |
| Motion No: 2013-01314 kc |
| Slip Opinion No: 2013 NY Slip Op 95288(U) |
| Decided on December 23, 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.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| LR Credit 15, LLC, Appellant, v Darryl Alford, Respondent. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 25, 2013, to vacate a stay granted by decision and order of this court dated August 16, 2013. Separate motion by appellant to continue said stay and for an enlargement of time to perfect the appeal.
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 respondent's and appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by January 15, 2014; and it is further,
ORDERED that the branch of the motion seeking to continue the stay is granted on condition that appellant perfect the appeal by January 15, 2014; and it is further,
ORDERED that in the event that the above condition is 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