Opinion
Motion No: 2018-00338 KC
06-13-2018
Bronx Acupuncture Therapy, P.C., as Assignee of Phillip Gibbs, Respondent, v. MVIAC, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, in effect, to recall and vacate a decision and order on motion of this court dated April 2, 2018, which granted an unopposed motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 2, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is granted, this court's decision and order on motion dated April 2, 2018 is recalled and vacated, respondent's motion to dismiss the appeal is denied and the appeal shall be perfected by August 3, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 3, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk