Opinion
Motion No: 2011-01134 Index No. 08-22091 M130447
12-15-2011
Daniel Azznara, appellant, v. Ann Grenci, etc., et al., respondents.
, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Appeal by Daniel Azznara from an order of the Supreme Court, Westchester County, dated November 29, 2010. By decision and order on motion of this Court dated April 4, 2011, as amended by three decisions and orders on motion of this Court dated May 17, 2011, September 6, 2011, and November 10, 2011, respectively, all proceedings in the above-entitled action were stayed on condition that the appeal was perfected on or before December 5, 2011; the decision and order on motion dated November 10, 2011, also enlarged the appellant's time to perfect the appeal until December 5, 2011. The appellant has not perfected the appeal.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court, and the stay granted by the decision and order on motion of this Court dated April 4, 2011, is vacated.
SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court