Opinion
Motion No: 2011-01792 wc 2010-2664 W C
08-09-2011
Hugh J. Sneddon, Respondent, v. Helena Greene and Lawrence Greene, Appellants.
, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for an enlargement of time to perfect an appeal from an order of the Justice Court of the Town of Pelham, Westchester County, entered October 14, 2010. Separate motion by appellants to punish respondent for contempt. Separate motions by appellants for enlargements of time to serve and file papers in reply to respondent's opposition to their motions for an enlargement of time to perfect the appeal and to punish respondent for contempt. Separate motion by appellants to consolidate the appeal from the order entered October 14, 2010 (Appeal No. 2010-2664 W C) with an appeal from a decision of the same court dated April 20, 2011 (Appeal No. 2011-1792 W C), and for an enlargement of time to perfect the consolidated appeal. Separate motion by appellants to stay enforcement of a judgment of the same court entered May 13, 2011 pending the determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellants' motions for enlargements of time to serve and file reply papers are granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that the branch of appellants' motion seeking to consolidate the appeals is granted and the appeals are consolidated under Appeal No. 2010-2664 W C; and it is further,
ORDERED that the branch of appellants' motion seeking an enlargement of time to perfect the consolidated appeal is granted and the appeal shall be perfected by October 7, 2011; and it is further,
ORDERED that appellants' motion for an enlargement of time to perfect the appeal from the order entered October 14, 2010 is denied as moot; and it is further,
ORDERED that the motion to punish respondent for contempt is denied; and it is further,
ORDERED, on the court's own motion, that the appeal from the decision dated April 20, 2011 is deemed from the judgment entered May 13, 2011 (see CPLR 5520 [c]); and it is further,
ORDERED that the motion to stay enforcement of the judgment entered May 13, 2011 pending the determination of the appeal is granted on condition that the appeal be perfected by October 7, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 7, 2011, the court, on its own motion, may dismiss the appeal and/or vacate the stay or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk