Opinion
Motion No. 2023-02169 Index No. 100123/14Case No. 2022-04096
06-27-2023
Elliot Newhouse, Plaintiff-Respondent, v. Lowell B. Davis, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman Peter H. Moulton Manuel J. Mendez Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 20, 2022, And defendant-appellant, pro se, having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time in which to perfect the appeal, and to stay trial proceedings pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal and reinstating the aforesaid appeal and extending the time in which to perfect same to the October 2023 Term of this Court, and otherwise the motion is denied.