Brookwood Coram I, LLC v Vincent Oliva Etc.
Motion No: 2013-01600 SC
Slip Opinion No: 2014 NY Slip Op 62109(U)
Decided on January 15, 2014
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2013-1600 S C
Brookwood Coram I, LLC, Respondent, v Vincent Oliva etc., Appellant, et al., Undertenant.

Motion by appellant for an enlargement of time to perfect an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered June 26, 2013, and to continue a stay granted by decision and order of this court dated August 21, 2013. Cross motion by respondent to vacate the stay and to dismiss the appeal, or for alternative relief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

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 March 7, 2014; and it is further,

ORDERED that the branch of appellant's motion seeking to continue the stay granted by decision and order on motion of this court dated August 21, 2013 is granted on condition that appellant perfect the appeal by March 7, 2014 and continue to comply with the other conditions contained in the decision and order of this court dated August 21, 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, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that respondent's cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk