Opinion
Motion No. 2022-08200 Index No. 33193/2017
11-06-2023
Frances Caglione, et al., respondents-appellants, v. Mary Corbett, appellant-respondent.
Unpublished Opinion
MOTION DECISION
M291767 AFA/
JOSEPH J. MALTESE, J.P. LINDA CHRISTOPHER WILLIAM G. FORD LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from a decision of the Supreme Court, Rockland County, dated August 9, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondents-appellants to dismiss the appeal on the ground that it lacks merit, or in the alternative, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the branch of the cross-motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and the cross-appeal are denied; and it is further, ORDERED that the cross-motion is otherwise denied as academic.
MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.