| Radi, Ahmad v Mbaye, Fafa, et al. |
| Motion No: 570678/09 |
| Slip Opinion No: 2010 NY Slip Op 66451(U) |
| Decided on March 25, 2010 |
| Appellate Term, First 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. |
March 25, 2010
Radi, Ahmad v Mbaye, Fafa, et al.
It is Ordered that the plaintiff-appellant's motion to vacate the dismissal of the appeal, previously granted on default, is granted. The appeal is reinstated and it is to be perfected by June 23, 2010 and noticed for the September 2010 term. No further extension of time will be granted. In the event of appellant's failure to comply with the foregoing condition, the respondents may move on five days' notice for an order dismissing the appeal, pursuant to 22 NYCRR § 640.6.
By: McKeon, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570678/09