Peter R. Kehoe v Elda Abate et

Motion No: 504985

Slip Opinion No: 2008 NYSlipOp 87234(U)

Decided on October 16, 2008

Appellate Division, Third 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.

Decided and Entered: October 16, 2008

Case # 504985

PETER R. KEHOE, Appellant, v ELDA ABATE et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to vacate default.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and the decision and order dated and entered August 1, 2008 is vacated, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve his record on appeal and brief on or before December 15, 2008, in which event the motion to dismiss the appeal is denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court