| Tawana Whittingham v Colin D. Andrew Clarke & Beverly Clarke |
| Motion No: 2009-00191 KC |
| Slip Opinion No: 2009 NY Slip Op 86380(U) |
| Decided on October 13, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| TAWANA WHITTINGHAM, Appellant, -against- COLIN D. ANDREW CLARKE and BEVERLY CLARKE, Respondents. |
DECISION
Motion by appellant for leave to reargue is granted and upon reargument the order of this court dated June 26, 2009, dismissing the appeal, is recalled and vacated, the motion by respondents to dismiss the appeal for failure to prosecute is denied, and the appeal shall be perfected by December 4, 2009.
Ordered that in the event the appeal is not perfected on or before December 4, 2009, the court on its own motion, may dismiss the appeal, or the respondents may move to dismiss the appeal on three days' notice, and may serve such motion in person.