Opinion
Motion No: 2017-01196 DC Appellate Term Docket No. 2018-1433 D C
07-05-2018
Enrique A. Garrido, Jr., Appellant, v. Village Water Department and Village of Rhinebeck, Respondents.
BRUCE E. TOLBERT
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Lower Court # SC-16-2615
On the court's own motion, it is
ORDERED that the appeal decision and order of this court dated June 21, 2018, issued under Appellate Term docket No. 2017-1196 D C, which purported to determine an appeal from an order of the City Court of Poughkeepsie, Dutchess County (Thomas J. O'Neill, J.), entered May 8, 2017, is recalled and vacated, and that appeal has been assigned Appellate Term docket No. 2018-1433 D C; and it is further,
ORDERED that appellant is directed to perfect the appeal under Appellate Term docket No. 2018-1433 D C within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that in the event that appeal is not perfected within 30 days of the date of this decision and order on motion, the court, on its own motion, may dismiss that appeal, or respondents may move to dismiss that appeal, on three days' notice, and may serve such application in person.
It is noted that Appellate Term docket No. 2017-1196 D C had previously been assigned to a purported appeal from an order of the Justice Court of the Town of Hyde Park, Dutchess County, dated May 1, 2017, which appellant purported to perfect. However, no such appeal is pending in this court, as the notice of appeal in that matter took the appeal to the Appellate Division, Second Judicial Department, and the notice of appeal has not been amended nor has the appeal been transferred to this court.
ENTER:
Paul Kenny
Chief Clerk