| Ian Mackay v O Lar Hearth Corp. |
| Motion No: 2020-00386 ROC |
| Slip Opinion No: 2021 NY Slip Op 63580(U) |
| Decided on March 12, 2021 |
| 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
TERRY JANE RUDERMAN, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| Ian Mackay, Appellant, v O Lar Hearth Corp., Respondent. |
Motion by appellant for an extension of time to perfect an appeal from an order of the Justice Court of the Orangetown, Rockland County, entered January 25, 2020. Cross-motion by respondent to vacate a stay issued by the Justice Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion for an extension of time to perfect the appeal is granted on condition that appellant perfects the appeal on or before May 14, 2021; and it is further,
ORDERED that in the event the appeal is not perfected by May 14, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person; and it is further,
ORDERED that respondent's cross-motion to vacate the stay is denied with leave to renew before the Justice Court.
ENTER:
Paul Kenny
Chief Clerk