| Rapone, Anita & Simpson, Charles R. v Katz, Esther & Collins, Theresa |
| Motion No: 570614/10 |
| Slip Opinion No: 2010 NY Slip Op 80927(U) |
| Decided on August 30, 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. |
August 30, 2010
Rapone, Anita & Simpson, Charles R. v Katz, Esther & Collins, Theresa
It is Ordered that the petitioners-appellants' motion to vacate the dismissal order, previously granted on default, is granted. The re-instated appeal is to perfected by no later than the December 2010 term - the filing deadline is October 12, 2010. Otherwise, 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, Schulman, J.J.
Motion No. 570614/10