Opinion
2011-1041 Q C
01-23-2012
New York City Housing Authority (FHA Repossessed Houses), Respondent, v. Anzel Stafford Smith, Appellant, et al., Undertenants.
, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, 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. Cross motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motion and cross motion, it is
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 April 6, 2012; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay granted by decision and order of this court dated June 24, 2011 is granted on condition that appellant perfect the appeal by April 6, 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 the cross motion by respondent is denied.
ENTER:
Paul Kenny
Chief Clerk