| 105 Lefferts, LLC, Et Al. v Yesenia Samuels |
| Motion No: 2015-00506 KC |
| Slip Opinion No: 2016 NY Slip Op 93303(U) |
| Decided on November 25, 2016 |
| 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 2nd, 11th & 13th judicial Districts
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 105 Lefferts, LLC, et al., Respondents, v Yesenia Samuels, Appellant, et al., Undertenants. |
Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to vacate a stay granted by decision and order on motion of this court dated May 20, 2015 and extended by decision and order on motion of this court dated November 10, 2015, and to recall and vacate a decision and order on motion of this court dated May 10, 2016, which held a motion by appellant to continue the stay, and the appeal, in abeyance and remitted the matter to the Civil Court of the City of New York, Kings County to report whether the testimony can be reconstructed, and, if so, to submit the reconstructed record. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is granted only to the extent that this court's decision and order on motion dated May 10, 2016 is recalled and vacated and the following is substituted therefor:
Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to continue a stay granted by decision and order on motion of this court dated May 20, 2015, and extended by decision and order on motion of this court dated November 10, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion to continue the stay granted by decision and order on motion of this court dated May 20, 2015 is granted on condition that the appeal be perfected by February 3, 2017. Appellant shall comply with the other conditions contained in the decision and order on motion of May 20, 2015; and it is further,
ORDERED that in the event the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk