| S & H Clinton Assoc., LLC v Tyrone Cherry, APPELLANT.(ORIGINAL Decision & Order On Motion Decided Oct. 20, 2020) |
| Motion No: 2019-01139 NC |
| Slip Opinion No: 2020 NY Slip Op 74009(U) |
| Decided on October 23, 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| S & H Clinton Associates, LLC, Respondent, v Tyrone Cherry, Appellant.(Original Decision & Order on Motion decided October 20, 2020) |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment entered September 24, 2018, and an order of the District Court of Nassau County, First District, entered December 14, 2018. Separate motion for the "Vacatur, Reversal or Modification of the Determinations & Judgments" of the Nassau County District Court," deemed a motion to enlarge the trial record.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motions are consolidated for the purposes of disposition; and it is further;
ORDERED that the motion to enlarge the time to perfect is granted and the appeal shall be perfected on or before January 8, 2021; and it is further,
ORDERED that if the appeal is not perfected by January 8, 2021, the court, on its own motion, may dismiss the appeal, or, the respondent may move, on three days' notice, to dismiss the appeal, and may serve such application on respondent in person; and it is further;
ORDERED that the motion, in effect to enlarge the trial record is denied with leave to renew before the District Court.
ENTER:
Paul Kenny
Chief Clerk