| Damien Carrington, By His Mother & Natural Guardian, Maxine Knight, Maxine Knight Individually v Nicholas M. Gargano |
| Motion No: 2007-00198 KC 06-27-2007 |
| Slip Opinion No: 2007 NYSlipOp 73665(U) |
| Decided on July 11, 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. |
of the State of New York for the 2nd & 11th Judicial Districts
JULY 11, 2007
HON. MICHAEL L. PESCE, P.J.
HON. MICHELLE WESTON PATTERSON
HON. ARIEL E. BELEN, JJ.
| DAMIEN CARRINGTON, by his mother and natural guardian, MAXINE KNIGHT, MAXINE KNIGHT INDIVIDUALLY, Respondent, -against- NICHOLAS M. GARGANO, Appellant. |
The above named appellant having appealed to this court from an ORDER of the CIVIL COURT, CITY OF NEW YORK, KINGS COUNTY entered on AUGUST 24, 2006, and the APPELLANT having moved this court by notice of motion returnable
JUNE 27, 2007 to VACATE THE ORDER OF THIS COURT DATED MAY 17, 2007 DISMISSING THE APPEAL and said motion having duly come on to be heard;
Now, on reading the papers filed in support of said motion and no papers having been filed in opposition thereto, and due deliberation having been had thereon, it is,
ORDERED that the motion is granted and the appeal shall be perfected by October 5, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 5, 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.
HON. MICHAEL L. PESCE
PRESIDING JUSTICE
Appellate Term