Gemma Springer v Patrice James
Motion No: 2015-01164 KC
Slip Opinion No: 2015 NY Slip Op 92576(U)
Decided on December 1, 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

2015-1164 K C
Gemma Springer, Respondent, v Patrice James, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 18, 2015. Separate motion by respondent for an enlargement of time to serve and file papers in 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 and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED, on the court's own motion, that appellant's time to perfect the appeal is enlarged to January 8, 2016; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected by January 8, 2016, and on the further condition that appellant deposit with the court below the sum of $5,000 within 10 days of the date of this decision and order on motion; and it is further,

ORDERED that in the event that any the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk