Vinnie Fischettie & Son, Inc. v Ana O. Lobo & Angel Lobo
Motion No: 2006-01029 NC
Slip Opinion No: 2007 NYSlipOp 70490(U)
Decided on May 29, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.


NO. 2006-1029 N C
VINNIE FISCHETTIE & SON, INC.

Respondent,

-against-


ANA O. LOBO and ANGEL LOBO,

Appellants.

DECISION

Motion by appellants, in essence, for reargument of the order of this court dated May 10, 2007 is granted and upon reargument motion to vacate dismissal of the appeal is granted and appeal shall be perfected by September 7, 2007.

Ordered that in the event the appeal is not perfected on or before September 7, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.

Lippman, J., taking no part.