Elite Mart Corp. v. Dot Net, Inc.

Full title: Elite Mart Corp., Respondent, v. Dot Net, Inc., Nazneen Mamoon, Kamal…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Dec 13, 2011

2011 N.Y. Slip Op. 93517 (N.Y. App. Term 2011)

Opinion

2011-2088 Q C

12-13-2011

Elite Mart Corp., Respondent, v. Dot Net, Inc., Nazneen Mamoon, Kamal Mridha and Lutsunnessa Rahmen, Appellants.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

Motion by appellants to vacate an order of this court dated September 28, 2011, which dismissed an appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated May 20, 2011, and for a stay pending the determination of the appeal.

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 by Dot Net, Inc. seeking to vacate so much of the decision and order of this court dated September 28, 2011 as dismissed the appeal insofar as taken by it is granted, and the appeal shall be perfected by February 3, 2012; and it is further,

ORDERED that the branch of the motion by Dot Net, Inc. seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected by February 3, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 3, 2012, the court, on its own motion, may vacate the stay and dismiss the appeal, or respondent may move to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person; and it is further,

ORDERED that the motion is otherwise denied.

ENTER:

Paul Kenny

Chief Clerk