| Burgess v City of New York |
| Motion No: 2017-07920 |
| Slip Opinion No: 2018 NY Slip Op 66268(U) |
| Decided on March 8, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M247168
E/afa
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-07920 Valerie P. Burgess, etc., plaintiff-respondent, v City of New York, et al., defendants-respondents, United Rentals, Inc., et al., appellants. (Index No. 24259/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated May 16, 2017, pending hearing and determination of an appeal therefrom. Separate motion by the appellant to enlarge the time to perfect the appeal and to enlarge the record to include to include a certain order of the same court dated January 17, 2017. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion, in effect, to stay enforcement of the order dated May 16, 2017, and the branch of the motion which is to enlarge the record are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 9, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court