Opinion
Motion No. 2023-00010 NC
05-10-2024
Rocco Viti, Respondent, v. Arik Botier, Appellant, et al., Undertenants.
Unpublished Opinion
MOTION DECISION
JAMES P. McCORMACK, J.P., GRETCHEN WALSH, ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from an order of the District Court of Nassau County, First District, dated December 7, 2022 to vacate a stay granted by decision and order on motion of this court dated March 17, 2023. Separate motion by appellant to enlarge the time to perfect the appeal. Cross motion by respondent to dismiss the appeal.
Upon the papers filed in support of the motions and cross motion, 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 respondent's motion to vacate the stay is granted; and it is further, ORDERED that appellant's motion to enlarge the time to perfect is granted on condition that the appeal is perfected on or before June 10, 2024; and it is further, ORDERED that in the event the appeal is not perfected by June 10, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further, ORDERED that respondent's motion to dismiss the appeal is denied.
This court notes that transcripts are not required on an appeal from an order (see UDCA 1704 [b]).