Appellate Division: Second Judicial Department

M183984

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-07424 Carmen Hammons, etc., appellant, v 321 Clinton Avenue Housing Corp., defendant; Donald McKenzie, et al., nonparty-respondents. (Index No. 22556/12 )

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated June 19, 2014, pending hearing and determination of an appeal therefrom. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 21, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 21, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the nonparty-respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal is enlarged until January 21, 2015, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied.

RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court