| 804 Lenox Rd., LLC v Marcelle Williams & Mauricia Williams |
| Motion No: 2018-00842 KC |
| Slip Opinion No: 2019 NY Slip Op 82224(U) |
| Decided on October 8, 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
| 804 Lenox Road, LLC, Respondent, v Marcelle Williams and Mauricia Williams, Appellants. |
Motion by respondent to dismiss so much of an appeal as is from a decision of the Civil Court of the City of New York, Kings County, dated March 29, 2018, on the ground that no appeal lies from a decision, and to dismiss that portion of the appeal and the portion of the appeal that is from an order of that court dated April 16, 2018 for lack of prosecution. Separate motion by appellants for an enlargement of time to perfect the appeal.
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 appellants' motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before December 6, 2019; and it is further,
ORDERED that in the event 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