| 1302 Newkirk, LLC v Sharon Garcia, Tenant, Et Al., Undertenant. Julius Nemcow, Nonparty-appellant. |
| Motion No: 2017-00380 KC |
| Slip Opinion No: 2017 NY Slip Op 85380(U) |
| Decided on August 29, 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
| 1302 Newkirk, LLC, Respondent, v Sharon Garcia, Tenant, et al., Undertenant. Julius Nemcow, Nonparty-Appellant. |
Motion by nonparty-appellant to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 14, 2017, and to continue a stay granted by decision and order on motion of this court dated May 16, 2017. The stay was vacated by decision and order on motion of this court dated August 17, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 6, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 6, 2017, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,
ORDERED that the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk