Opinion
Motion No: 2018-00090 KC
06-12-2018
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 25, 2017, for failure to prosecute, and, in effect, to recall and vacate a decision and order on motion of this court dated April 12, 2018, which granted an unopposed motion by appellant to recall and vacate a decision and order on motion of this court dated February 7, 2018, which granted an unopposed motion by respondent to dismiss the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion 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