Mackay v. O Lar Hearth Corp.

Full title: Ian Mackay, Appellant, v. O Lar Hearth Corp., Respondent.

Court: Appellate Term of the Supreme Court of the State of New York for the 9th & 10th Judicial Districts

Date published: Mar 12, 2021

2021 N.Y. Slip Op. 63580 (N.Y. App. Term 2021)

Opinion

2020-386 RO C

03-12-2021

Ian Mackay, Appellant, v. O Lar Hearth Corp., Respondent.

TERRY JANE RUDERMAN, P.J.

ELIZABETH H. EMERSON

TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for an extension of time to perfect an appeal from an order of the Justice Court of the Orangetown, Rockland County, entered January 25, 2020. Cross-motion by respondent to vacate a stay issued by the Justice Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that appellant's motion for an extension of time to perfect the appeal is granted on condition that appellant perfects the appeal on or before May 14, 2021; and it is further,

ORDERED that in the event the appeal is not perfected by May 14, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person; and it is further,

ORDERED that respondent's cross-motion to vacate the stay is denied with leave to renew before the Justice Court.

ENTER:

Paul Kenny

Chief Clerk