Opinion
Motion No. 2022-00009 NC
06-08-2023
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated February 14, 2023, which dismissed an appeal from a judgment of the District Court of Nassau County, First District, entered December 15, 2021.
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 and the order of dismissal is vacated on condition the appeal is perfected on or before August 11, 2023, and it is further, ORDERED that in the event the appeal is not perfected by August 11, 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 such application upon appellant in person.