Bush v. Rodaks Auto Repair, Inc.

Full title: Danny Bush, Respondent, v. Rodaks Auto Repair, Inc., Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jul 8, 2013

2013 N.Y. Slip Op. 79612 (N.Y. App. Div. 2013)

Opinion

Motion No: 2012-02619 pc

07-08-2013

Danny Bush, Respondent, v. Rodaks Auto Repair, Inc., Appellant.

FRANCIS A. NICOLAI

, P.J.

HECTOR D. LaSALLE

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated May 13, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of Philipstown, Putnam County, entered July 17, 2012.

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 May13, 2013 is vacated, and the appeal shall be perfected by September 6, 2013; and it is further,

ORDERED that in the event that the appeal is not perfected on or before September 7, 2013, 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