Opinion
Motion No: 2014-03009 KC
11-04-2015
Elliot Frankel, Respondent, v. Andrew J. Spinnell, Esq., Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated September 21, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 23, 2014, and for leave to file printed copies of the record on appeal.
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 order dated September 21, 2015 is vacated, and appellant shall serve one copy of the appellant's brief and of the printed record on appeal on respondent and file an original and five copies of the appellant's brief and printed record on appeal by December 4, 2015; and it is further,
ORDERED that in the event that the appeal is not perfected on or before December 4, 2015, 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