| Sunrise Mall, LLC v Dynamic Cellular, Inc. |
| Motion No: 2019-07340 |
| Slip Opinion No: 2019 NY Slip Op 85424(U) |
| Decided on December 5, 2019 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M267946
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2019-07340 Sunrise Mall, LLC, respondent, v Dynamic Cellular, Inc., etc., appellant. (Index No. 603789/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered May 24, 2019, inter alia, to stay enforcement of a judgment of the same court entered June 20, 2019, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion to stay enforcement of the judgment is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal from the order is perfected on or before January 6, 2020; and it is further,
ORDERED that in the event the appeal from the order is not perfected on or before January 6, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended until January 6, 2020, and the record or appendix on the appeal and the appellant's brief shall be served an filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., MILLER, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court