| Rivas R, Inc. v Elvin Cabrera, Et Al. |
| Motion No: 2019-00610 NC |
| Slip Opinion No: 2019 NY Slip Op 80701(U) |
| Decided on September 20, 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The Rivas R, Inc., Respondent, v Elvin Cabrera, et al., Respondents, and Sharon Vivine Johnson, Sued Herein as "Jane Doe," Appellant. |
Motion by appellant on an appeal from an order of the District Court of Nassau County, First District, entered March 7, 2019, to continue a stay granted by decision and order on motion of this court dated May 21, 2019. Separate motion by respondent to vacate the stay, and to dismiss the appeal for failure to perfect.
Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is denied; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay is granted and the stay is vacated; and it is further,
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied on condition that the appeal be perfected by December 6, 2019; and it is further,
ORDERED that in the event that the above condition is not met, 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