Appellate Division: Second Judicial Department

M267763

E/sl

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-08680 Timothy D. Sini, etc., appellant, v Nickolas Miranda, et al., respondents. (Index No. 347/19)

DECISION & ORDER ON MOTION

Motion by the respondent Christine Miranda, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2019, as untimely taken, or, in the alternative, pursuant to CPLR 5519(a)(1) to vacate an automatic stay of enforcement of the order dated May 6, 2019. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, the appellant's time to perfect the appeal is extended until December 30, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to vacate the automatic stay is denied on condition that the appeal is perfected on or before December 30, 2019; and it is further,

ORDERED that if the appellant does not perfect the appeal on or before December 30, 2019, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondents may move to vacate the automatic stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court