RENZLER v. FRAGUELA

Motion No. 2015-02398 DC.

2017 NY Slip Op 63511(U)

ROBERT RENZLER and GAIL KUNZELMAN, Respondents, v. MERYL FRAGUELA, Appellant.

Supreme Court, Appellate Term, Second Department.


Motion by appellant on an appeal from a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, for leave to reargue her prior motion to reinstate a stay pending the determination of the appeal, which prior motion was determined by decision and order on motion of this court dated October 5, 2016. Separate motion by respondent to vacate the stay. Separate motion by respondent to vacate the stay and dismiss the appeal for lack of prosecution. Cross motion by appellant for sanctions and, in effect, summary reversal.

DECISION & ORDER ON MOTION

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 appellant's motion and cross motion and respondent's motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion and cross motion are denied; and it is further,

ORDERED that respondent's motion to vacate the stay and dismiss the appeal for lack of prosecution is granted, the stay is vacated and the appeal is dismissed; and it is further,

ORDERED that respondent's separate motion to vacate the stay is denied as academic.


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