New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc.
Motion No: 2009-01612 qc
Slip Opinion No: 2010 NY Slip Op 62569(U)
Decided on January 29, 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 : PESCE, P.J., WESTON and RIOS, JJ.

NO. 2009-1612 Q C
NEW YORK MERCHANTS PROTECTIVE CO., INC.,

Appellant,

-against-

MIMA'S KITCHEN, INC.,

Respondent.

DECISION

Motion by appellant to vacate the dismissal of the appeal is granted, and the appeal shall be perfected by March 5, 2010.

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