Ferrisv.Caceres

Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th judicial DistrictsAug 28, 2017
2017 N.Y. Slip Op. 85377 (N.Y. App. Div. 2017)

Motion No: 2017-00607 KC

08-28-2017

Thomas J. Ferris, Respondent, v. Fabiola M. Caceres, Appellant.


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.

ENTER:

Paul Kenny

Chief Clerk