| Co-bb Devonshire Venture, LLC v Tyrone Smith |
| Motion No: 2017-00975 SC |
| Slip Opinion No: 2017 NY Slip Op 96097(U) |
| Decided on December 8, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| CO-BB Devonshire Venture, LLC, Respondent, v Tyrone Smith, Appellant, et al., Undertenants. |
Motion by appellant on an appeal from an order of the District Court of Suffolk County, Fifth District, entered May 18, 2017, to continue a stay granted by decision and order on motion of this court dated July 24, 2017, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to continue the stay is denied as academic, as appellant has surrendered possession; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary, as the appeal has been timely perfected.
ENTER:
Paul Kenny
Chief Clerk