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

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, in effect, to restore the appeal to the general calendar, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016, May 16, 2016, August 31, 2016, January 19, 2017 and April 6, 2017, respectively. By decision and order on motion of this court dated October 27, 2017, the appeal was stricken from this court's calendars, as the notice of appeal was defective. By order dated November 1, 2017, the Civil Court granted appellant's motion to amend the notice of appeal, which was then re-served and filed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to restore the appeal to the general calendar is denied as unnecessary, as the appeal will automatically be restored to the general calendar once the record is received from the Civil Court; and it is further,

ORDERED that the branch of the motion seeking to reinstate and continue the stay granted by decision and order on motion of this court dated November 12, 2015, is granted on condition that appellant perfect the appeal by February 2, 2018 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 12, 2015; and it is further,

ORDERED that in the event that any of 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