| Franpo Realty, LLC v Power Furniture, Inc. |
| Motion No: 2018-02517 KC |
| Slip Opinion No: 2020 NY Slip Op 62789(U) |
| Decided on January 29, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Franpo Realty, LLC, Respondent, v Power Furniture, Inc., Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 21, 2018, to enlarge the time to perfect the appeal, and to continue a stay granted by decision and order on motion of this court dated January 29, 2019, and continued by decisions and orders on motions of this court dated June 5, 2019 and October 4, 2019, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that appellant perfect the appeal on or before April 3, 2020 and on the further condition that, within 30 days of the date of this decision and order on motion, appellant move in the Civil Court to settle the record, including the exhibits; in the event that appellant fails to make that motion within 30 days, the stay is vacated effectively immediately after the 30 days; and it is further,
ORDERED that in the event that the appeal is not perfected by April 3, 2020, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk