| Stacey K. Wicker v Ethel Richards |
| Motion No: 2016-01738 KC |
| Slip Opinion No: 2017 NY Slip Op 77623(U) |
| Decided on June 15, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Stacey K. Wicker, Respondent, v Ethel Richards, Appellant. |
Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered June 13, 2016, to continue a stay granted by decision and order on motion of this court dated September 7, 2016, and extended by decision and order on motion of this court dated February 14, 2017. Separate motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, and the papers filed in support of respondent's motion and the papers filed in opposition thereto, it is
ORDERED, on the court's motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion to dismiss the appeal is granted unless appellant perfects the appeal within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that appellant's motion to continue the stay is granted on condition the appeal be perfected within 30 days of the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk