Slomin's, Inc. v Robert Serpico
Motion No: 2013-01315 RIC
Slip Opinion No: 2014 NY Slip Op 63647(U)
Decided on February 3, 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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-1315 RI C
Slomin's, Inc., Appellant, v Robert Serpico, Respondent.

Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Richmond County, entered June 19, 2013, and to continue a stay granted by decision and order on motion of this court dated July 31, 2013 and extended by decision and order on motion of this court dated November 7, 2013.

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 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 the motion seeking to continue the stay granted by decision and order on motion of this court dated July 31, 2013 is granted on condition that appellant perfect the appeal by March 7, 2014; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk