of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a judgment of the District Court of Nassau County, Fourth District, entered May 31, 2018. By order to show cause dated September 4, 2018, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that nonparty-appellant Pinewood Development Corp. was not aggrieved by the judgment appealed from in that the judgment is against defendant Deshon Development Venture, LLC. By decision and order on motion of this court dated October 1, 2018, the motion to dismiss and the motion for a stay were held in abeyance for 30 days for appellant to move in the District Court for leave to amend the notice of appeal to correct the claimed scrivener's error. By order dated October 31, 2018, the District Court granted appellant's motion, and the caption on appeal has been amended accordingly.

Upon the order to show cause and the papers filed in opposition and in relation thereto, and on the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before April 18, 2019; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice.

ENTER:

Paul Kenny

Chief Clerk