Hitech Homes LLC v Tanya J. Burke et al.

Motion No: M-3886

Slip Opinion No: 2017 NYSlipOp 89156(U)

Decided on October 17, 2017

Appellate Division, First 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.

October 17, 2017

Hitech Homes LLC,

Plaintiff-Respondent,

v

Tanya J. Burke, et al.,

Defendants-Appellants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 12, 2016, And plaintiff-respondent having moved for dismissal of the aforesaid appeal (M-3628), And defendants-appellants having cross-moved for a stay of all proceeding pending hearing and determination of the appeal, and for an enlargement of time to perfect the appeal (M-3886),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the cross motion (M-3886) is granted,

the stay of proceedings is granted, and the time to perfect

the appeal is enlarged to the February 2018 Term. The motion to dismiss (M-3628) is granted to the extent of dismissing the appeal unless it is perfected for said February 2018 Term. ENTERED: October 17, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton,Justices

M-3886

M-3628

Index No. 160469/15