| Sp Prop. 232 Ct., LLC v Ideal Props. Group, LLC |
| Motion No: 2018-01479 KC |
| Slip Opinion No: 2019 NY Slip Op 73711(U) |
| Decided on March 1, 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
| SP Property 232 Court, LLC, Respondent, v Ideal Properties Group, LLC, Appellant. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 11, 2018. By order to show cause dated January 15, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that service of the notice of appeal was made upon an attorney who no longer represented respondent and no application had been made pursuant to CPLR 5520 (a) to cure the omission. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to the motion to dismiss. Separate motion by appellant to continue a stay granted by decision and order on motion of this court dated October 19, 2018.
Upon the order to show cause and upon the papers filed in support of appellant's motions, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motion to dismiss and appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to the motion to dismiss is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion to continue the stay is granted on the condition that the appeal be perfected by April 5, 2019, and on the further condition that appellant continue to comply with the other terms of this court's decision and order on motion dated October 19, 2018; and it is further,
ORDERED that in the event that any of the above conditions are 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