| Our Lady of Lourdes Apts., LLC v Eleanor McArthur & Robert Brown |
| Motion No: 2024-01079 KC |
| Slip Opinion No: 2025 NY Slip Op 66351(U) |
| Decided on April 4, 2025 |
| 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 2nd, 11th & 13th Judicial Districts
CHEREÉ A. BUGGS, J.P.
MARINA CORA MUNDY
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| Our Lady of Lourdes Apartments, LLC, Respondent, v Eleanor McArthur and Robert Brown, Appellants. |
Motion by appellant, Eleanor McArthur, for a stay of eviction pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered April 19, 2024. This motion was brought by order to show cause signed on December 31, 2024, which included a conditional stay pending the determination of the motion. Second motion by appellant for a stay of eviction pending the determination of the appeal and for an extension of time to comply with this court's condition for the temporary stay. This motion was brought by order to show cause signed on January 15, 2025, which included a conditional stay pending the determination of the motion. Appellant has complied with the condition. Third motion by appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the first motion for a stay is denied with leave to renew that motion upon the demonstration of a potentially meritorious appeal on or before May 7, 2025; and it is further,
ORDERED, on the court's own motion, that a temporary stay of eviction shall continue pending the filing and determination of a renewal motion, but if the renewal motion is not timely served and filed, then the temporary stay will automatically vacate on May 8, 2025; and it is further,
ORDERED that the motion for an enlargement is granted and the appeal shall be perfected on or before June 12, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by June 12, 2025, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such motion upon appellants in person; and it is further,
ORDERED that the second motion for a stay of eviction and an enlargement of time to comply with this court's condition is denied as moot.
ENTER:
Paul Kenny
Chief Clerk