| ESTATE OF WILLIAM SHARPSTEEN V DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE (APPEAL NOS. 1-4) |
| Motion No: CA 19-02063, CA 19-02296, CA 19-02297, CA 19-02298 |
| Slip Opinion No: 2020 NY Slip Op 68004(U) |
| Decided on June 26, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-02063
CA 19-02296
CA 19-02297
CA 19-02298
| ESTATE OF WILLIAM SHARPSTEEN,
PLAINTIFF-RESPONDENT, V DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS
CINOLE, DEFENDANT-APPELLANT. (APPEAL NOS. 1-4) |
Respondent having moved, pursuant to CPLR 5519 (c), to modify this Court's January 13, 2020, order by directing appellant to answer certain interrogatories as an additional condition of the stay granted by this Court, and appellant having moved for an extension of time to perfect the appeals taken herein from orders and an amended order of the Supreme Court, Monroe County, entered May 3, 2019 (appeal No. 1) and December 9, 2019 (appeal Nos. 2, 3, and 4), and having moved to extend the deadline for perfection upon which the stay is conditioned,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion insofar as it seeks to extend the deadline upon which the stay is conditioned is granted to the extent that the first ordering paragraph of this Court's order entered January 13, 2020, is modified by deleting the date March 13, 2020, and inserting in its place the date July 22, 2020, on the condition that appellant posts an additional undertaking that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25 in the amount of $19,500 on or before July 27, 2020, and
It is further ORDERED that appellant's motion insofar as it seeks an extension of time to perfect appeal Nos. 2, 3, and 4 is granted, the time to perfect the appeals is extended to August 10, 2020, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that appellant's motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted on the condition that the appeal is perfected on or before August 10, 2020, and
It is further ORDERED that respondent's motion is denied.
Entered: June 26, 2020
Mark W. Bennett
Clerk of the Court