| 78 Havemeyer, LLC v Hussain Abuzaid, Et Al. |
| Motion No: 2018-00113 KC |
| Slip Opinion No: 2019 NY Slip Op 66420(U) |
| Decided on March 15, 2019 |
| 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, et al., Respondent. |
On the court's own motion, the decision and order on motion of this court dated March 11, 2019, which determined a motion by respondent to, among other things, dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 29, 2016, and a separate motion by appellant to enlarge the time to perfect the appeal, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 29, 2016, for failure to perfect, and for sanctions. Separate motion by appellant to enlarge the time to perfect the appeal until 10 days after the Civil Court adjudicates a pending reconstruction motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for the purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's motion is granted and the time to perfect is enlarged until 21 days from the date of this decision and order on motion; 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.
ENTER:
Paul Kenny
Chief Clerk