Motion No: 2017-00607 KC
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated May 22, 2017, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 11, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted the court's order dismissing the appeal is vacated; and it is further,
ORDERED that on the court's own motion, appellant's time to perfect the appeal is hereby enlarged and the appellant's brief shall be served and filed on or before October 25, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 25, 2017, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.