| Plaza Residences, L.P. v Latrice Prince |
| Motion No: 2017-00148 KC |
| Slip Opinion No: 2017 NY Slip Op 91467(U) |
| Decided on October 25, 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
| Plaza Residences, L.P., Respondent, v Latrice Prince, Appellant, et al., Undertenant. |
Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 25, 2016, and an order of the same court dated January 3, 2017, to vacate a stay granted by decision and order on motion of this court dated March 16, 2017, and extended by decision and order on motion of this court dated July 26, 2017, and to dismiss the appeal for failure to prosecute.
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 to vacate the stay is granted; and it is further,
ORDERED that the branch of the motion seeking to dismiss the appeal is denied, and the appeal shall be perfected by December 1, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 1, 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.
ENTER:
Paul Kenny
Chief Clerk