| Moses Portillo v Heather Simpson |
| Motion No: 2016-01775 WC |
| Slip Opinion No: 2017 NY Slip Op 76855(U) |
| Decided on June 7, 2017 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Moses Portillo, Respondent, v Heather Simpson, Appellant. |
On the court's own motion, it is
ORDERED that the above-enumerated appeals from a final judgment of the Justice Court of the Town of Eastchester, Westchester County, entered March 4, 2016, and an order of the same court entered July 20, 2016, respectively, are stricken from the appeals calendar and general calendar on the ground that the appeals have not been properly perfected in that the transcript of the trial held on March 2, 2016 has not been made part of the record on appeal; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated October 4, 2016 is continued on condition that appellant properly perfect the appeals, or, in the alternative, move in this court for leave to withdraw the appeal from the final judgment,
by August 18, 2017; and it is further,
ORDERED that in the event that the above condition is 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