| Gary Gatti v Vincent Rago |
| Motion No: 2010-01385 sc |
| Slip Opinion No: 2010 NY Slip Op 92220(U) |
| Decided on December 22, 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
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
JOHN LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Gary Gatti, Appellant, v Vincent Rago, Respondent. |
Motion by appellant to vacate an order of this court dated October 12, 2010, which dismissed an appeal from an order of the District Court of Suffolk County, Second District, entered May 21, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal shall be perfected by February 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 4, 2011, 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