| Gweneth Johnson v Asia Smith Etc. |
| Motion No: 2011-00405 KC |
| Slip Opinion No: 2014 NY Slip Op 70609(U) |
| Decided on April 18, 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. |
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
| Gweneth Johnson, Respondent, v Asia Smith etc., Appellant. |
Motion by respondent to dismiss an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered December 8, 2010, and to vacate a stay granted by decision and order on motion of this court dated June 1, 2011 and continued by decisions and orders on motions of this court dated February 28, 2012 and August 2, 2012, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition the appeal be perfected by May 16, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 16, 2014, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk