Motion No: 2012-02805 kc
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for an enlargement of time to perfect an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 14, 2012. Cross motion by respondent to vacate a stay granted by decision and order on motion of this court dated January 30, 2013.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that appellants' motion is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]); and it is further,
ORDERED that respondent's cross motion is granted and the stay is vacated.