| 37 S. Fifth Ave. v Dimensional Stone & Tile |
| Motion No: 2014-01313 WC |
| Slip Opinion No: 2015 NY Slip Op 62700(U) |
| Decided on January 26, 2015 |
| 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 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| 37 South Fifth Ave., Respondent, v Dimensional Stone & Tile, Defendant, and Penske Leasing & Rental, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the City Court of Mount Vernon, Westchester County, entered April 24, 2014, for failure to prosecute, and to vacate an automatic stay obtained pursuant to CPLR 5519 (a) (2).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by March 6, 2015; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 6, 2015, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk