| 78 Havemeyer, LLC v Hussain Abuzaid |
| Motion No: 2018-00113 KC |
| Slip Opinion No: 2018 NY Slip Op 90580(U) |
| Decided on December 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. |
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
| 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 10 days after the Civil Court adjudicates appellant's pending motion to settle the trial transcripts. 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 and the time to perfect is enlarged until 10 days after the Civil Court adjudicates appellant's pending motion to settle the trial transcripts; and it is further,
ORDERED that in the event the appeal is not perfected within the time allowed, 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.
No further applications for an enlargement of time to perfect will be entertained.
ENTER:
Paul Kenny
Chief Clerk