Opinion
2011-1041 Q C
06-07-2012
New York City Housing Authority (FHA Repossessed Houses), Respondent, v. Anzel Stafford Smith, Appellant, et al., Undertenants.
, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an enlargement of time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated December 28, 2010, and to continue a stay granted by decision and order of this court dated June 24, 2011 and continued by decisions and orders of this court dated September 27, 2011 and January 23, 2012. Cross motion by respondent to vacate the stay and dismiss the appeal for failure to prosecute. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's cross motion.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions and respondent's cross motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 7, 2012; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay is granted on condition that appellant perfects the appeal by September 7, 2012; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,
ORDERED that respondent's cross motion is denied; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk