Appellate Division: Second Judicial Department

M270510

E/jr

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-10150 Segun Olowofela, appellant, et al., plaintiffs, v Godfrey Olowofela, et al., defendants, 1822 Nostrand Realty, LLC, respondent (and a third-party action). (Index No. 2363/15)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 17, 2019, in effect, to amend so much of a decision and order on motion of this Court dated January 6, 2020, as stayed enforcement of the order and stayed the respondent from selling, transferring, or encumbering the subject premises, located at 1822 Nostrand Avenue, Brooklyn, New York, pending hearing and determination of the appeal, upon the condition that the appeal be perfected on or before February 5, 2020, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated January 6, 2020, is amended by (1) deleting from the first decretal paragraph thereof the words "the appeal is perfected on or before February 5, 2020," and substituting therefor the words "the appellant serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, on or before April 23, 2020, and file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court," and (2) deleting from the second decretal paragraph thereof the words "the appeal is not perfected on or before February 5, 2020," and substituting the words "the appellant does not comply with the conditions set forth above,"; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended and the appellant shall perfect the appeal as set forth in the the decision and order on motion of this Court dated January 6, 2020, as amended herein.

DILLON, J.P., AUSTIN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court