Dora Cavalluzzi v Joe Byrne d/b/a Fave Constr.
Motion No: 2008-01284 ROC
Slip Opinion No: 2009 NY Slip Op 87726(U)
Decided on October 30, 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 the dismissal of the appeal is granted 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 respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.

No further motions for an extension of time to perfect the appeal shall be considered by this court.