Opinion
Motion No: 2014-03009 KC
08-04-2015
Elliot Frankel, Respondent, v. Andrew J. Spinnell, Esq., Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated June 22, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 23, 2014, and for leave to file the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated June 22, 2015 is granted, the order dated June 22, 2015 is vacated, and the appeal shall be perfected by September 4, 2015; and it is further,
ORDERED that in the event that the appeal is not perfected on or before September 4, 2015, 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; and it is further,
ORDERED that the branch of the motion seeking leave to file the record on appeal is granted (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] 731.1 [c]).
ENTER:
Paul Kenny
Chief Clerk