Billy Pittman & Ellen Pittman v Orange County Transmission
Motion No: 2009-00590 orc
Slip Opinion No: 2010 NY Slip Op 73685(U)
Decided on June 7, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2009-590 OR C
Billy Pittman and Ellen Pittman, Appellants, v Orange County Transmission, Respondent.

Motion by appellants to vacate the dismissal of an appeal from a judgment of the Justice Court of the Village of Washingtonville, Orange County, entered November 3, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellants to vacate the dismissal of the appeal is granted and the appeal shall be perfected by August 6, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 6, 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.

ENTER:

Paul Kenny

Chief Clerk