Opinion
Motion No: 2011-06214 Index No. 70242/04 M126693
09-29-2011
In the Matter of 175 Eastern Parkway Associates, petitioner-respondent, v. Jean Paul Baptiste, also known as Constant Jean Baptiste, Jr., appellant, et al., respondents.
, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner-respondent to vacate a stay which was granted by a decision and order on motion of this Court dated July 28, 2011, pending hearing and determination of an appeal, by permission, from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated April 29, 2011, and to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the stay is granted, and the stay granted by the decision and order on motion of this Court dated July 28, 2011, is vacated; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court