Bray Realty, LLC v Englantina Pilaj
Motion No: 2014-01904 KC
Slip Opinion No: 2015 NY Slip Op 69457(U)
Decided on March 27, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2014-1904 K C
Bray Realty, LLC, Appellant, v Englantina Pilaj, Respondent, and Ilirian Pilaj et al., Undertenants.

Motion by appellant to vacate an order of this court dated January 20, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 25, 2014, for failure to prosecute. Separate motion by respondent, in effect, for an enlargement of time to serve and file opposition to appellant's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is granted to the extent that the opposition papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is granted, the order dated January 20, 2015 is vacated, and the appeal shall be perfected by June 5, 2015; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice.

ENTER:

Paul Kenny

Chief Clerk