| Xiaomao Wang v Alberto Martinez |
| Motion No: 2013-02343 QC |
| Slip Opinion No: 2014 NY Slip Op 85550(U) |
| Decided on September 17, 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
| Xiaomao Wang, Respondent, v Alberto Martinez, Defendant, and Bruce A. Payne Associates, Inc., Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 27, 2013, and to continue a stay granted by decision and order on motion of this court dated January 10, 2014, and extended by decision and order on motion of this court dated April 25, 2014.
Upon the papers filed in support of the motions 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 November 7, 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 November 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 and/or dismiss the appeal, or respondent may move to vacate the stay and/or dismiss the appeal on three days' notice; and it is further,
ORDERED that no further applications for an extension of the stay will be entertained.
ENTER:
Paul Kenny
Chief Clerk