Guariglia v Caushaj
Motion No: 2016-11793
Slip Opinion No: 2017 NY Slip Op 87540(U)
Decided on September 29, 2017
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238721

E/ct

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-11793

Edward Guariglia, et al., appellants,

v Fillor Caushaj, etc., et al., respondents.

(Index No. 483/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated October 6, 2016, pending hearing and determination of an appeal therefrom. Separate motion by the appellants to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion to stay enforcement of the order dated October 6, 2016, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 16, 2017, and the appellants' time to perfect the appeal is enlarged until October 16, 2017; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 16, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court