Wiener Cadet v Charles Etienne
Motion No: 2009-01768 KC
Slip Opinion No: 2010 NY Slip Op 60709(U)
Decided on January 6, 2010
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 : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., PESCE and RIOS, JJ.

NO. 2009-1768 K C
WIENER CADET,

Appellant,

-against-

CHARLES ETIENNE,

Respondent.

DECISION

Motion by appellant to vacate the order of this court dated October 19, 2009, which granted respondent's unopposed motion to dismiss the appeal, is granted, and the appeal shall be perfected by February 5, 2010.

Cross motion by respondent to "affirm the dismissal of the appeal" is denied.

Ordered that in the event the appeal is not perfected on or before February 5, 2010, the court, on its own motion, may dismiss the appeal, or respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.