Carmine J. Romano v Cory Mock
Motion No: 2010-00037 roc
Slip Opinion No: 2010 NY Slip Op 75779(U)
Decided on June 24, 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 2nd, 11th & 13th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

DENISE F. MOLIA, JJ.

DECISION & ORDER ON MOTION

2010-37 RO C
Carmine J. Romano, Respondent, v Cory Mock, Appellant.

Motion by appellant to vacate an order of this court dated March 29, 2010 which granted an unopposed motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County, entered November 2, 2009.

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 appellant to vacate the order of this court dated March 29, 2010 is granted, respondent's motion to dismiss the appeal is denied and the appeal shall be perfected by September 3, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 3, 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.

ENTER:

Paul Kenny

Chief Clerk