78 Havemeyer, LLC v Hussain Abuzaid
Motion No: 2018-00113 KC
Slip Opinion No: 2018 NY Slip Op 80141(U)
Decided on August 3, 2018
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-113 K C
78 Havemeyer, LLC, Appellant, v Hussain Abuzaid, Respondent, et al., Undertenants.

Motion by appellant to enlarge the time to perfect an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 29, 2016, until 45 days after the Civil Court determines appellant's pending motion to set aside the decision. Cross motion by respondent to dismiss the appeal for failure to perfect, and for sanctions.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

ORDERED that appellant's motion is granted only to the extent of enlarging appellant's time to perfect the appeal to September 4, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 4, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person; and it is further,

ORDERED that respondent's cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk