Dora Cavalluzzi v Joe Byrne d/b/a Fave Constr.
Motion No: 2008-01284 ROC
Slip Opinion No: 2009 NY Slip Op 79345(U)
Decided on July 22, 2009
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 : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2008-1284 RO C
DORA CAVALLUZZI,

Appellant,

-against-

JOE BYRNE d/b/a FAVE CONSTRUCTION,

Respondent.

DECISION

Motion by appellant to vacate dismissal of the appeal is denied without prejudice to renewal upon proper notice.

Absent is an affidavit of service showing service of the motion papers. Moreover, upon renewal movant shall set forth good cause for her failure to timely perfect the appeal (see Rules of App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8 [a]).