| Mary Cava v Samuel Pradiante & Pradiante Constr. Corp. |
| Motion No: 2009-01908 sc |
| Slip Opinion No: 2010 NY Slip Op 77039(U) |
| Decided on July 8, 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Mary Cava, Appellant, and Michael Cava, Plaintiff v Samuel Pradiante and Pradiante Construction Corp., Respondents. |
Motion by appellant Mary Cava to vacate the dismissal of an appeal from a judgment of the District Court of Suffolk County, Sixth District, entered December 22, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by appellant 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 respondents may move to dismiss the appeal on three days' notice, and may serve such application in person.
We note that no notice of cross motion was served.
ENTER:
Paul Kenny
Chief Clerk