| 390 Castleton Funding Corp. v Wright |
| Motion No: 2014-05011 |
| Slip Opinion No: 2014 NY Slip Op 89902(U) |
| Decided on November 14, 2014 |
| Appellate Division, 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 Division: Second Judicial Department
M182750
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-05011 390 Castleton Funding Corp., appellant, v Iaasha Wright, et al., defendants; Peter J. Weinman, nonparty-respondent. (Index No. 130122/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated April 11, 2014, pending hearing and determination of an appeal therefrom. By order to show cause dated June 19, 2014, the appellant, defendants, and nonparty-respondent were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appellant is not aggrieved as it either consented to the order dated April 11, 2014, or did not oppose the motion that resulted in the order dated April 11, 2014. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of appellant's application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until December 15, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's motion is granted, and enforcement of the order dated April 11, 2014, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 15, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 15, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the nonparty-respondent may move to vacate the stay, on three days notice.
CHAMBERS, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court