Opinion
Motion No. 2022-00481 SC
10-25-2023
WHB Lilac, LLC, Respondent, v. Ian McCarthy and Rachel McCarthy, Appellants.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P. JAMES P. McCORMACK GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellants to vacate an order of this court dated April 10, 2023, which dismissed an appeal from a judgment of the Justice Court of the Village of Westhampton Beach, Suffolk County, entered May 11, 2022, and to enlarge the time to perfect the 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 to vacate dismissal is granted; and it is further, ORDERED that appellants' time to perfect the appeal is extended to December 4, 2023; and it is further, ORDERED that in the event the appeal is not perfected by December 4, 2023, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve appellants in person.