| BR Madison LLC v McCord |
| Motion No: 2022-03499 |
| Slip Opinion No: 2023 NY Slip Op 77227(U) |
| Decided on November 24, 2023 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M292531
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
WILLIAM G. FORD, JJ.
|
2022-03499, 2022-03500 BR Madison LLC, respondent, v Estelle Y. McCord, defendant, Paris J. Wood, etc., appellant. (Index No. 605937/2021)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Nassau County, dated March 2, 2022, and a judgment of the same court dated March 23, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to extend the time to perfect the appeals, and to stay enforcement of the judgment, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeals and to extend the time to perfect the appeals are granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) are vacated, and on or before January 23, 2024, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted, and enforcement of the judgment, including so much of the judgment as, in effect, permits the respondent to take any action to evict the appellant from the subject premises, is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before January 23, 2024; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 23, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days' notice; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court