| Dorothy Mcgurk v Louis R. Buttermark & Sons, Inc. & Kevin Rabold |
| Motion No: 2009-02259 ric |
| Slip Opinion No: 2011 NY Slip Op 67106(U) |
| Decided on March 14, 2011 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Dorothy McGurk, Appellant, and Brian McGurk, Plaintiff, v Louis R. Buttermark and Sons, Inc. and Kevin Rabold, Respondents. |
Motion by appellant to vacate an order of this court dated September 16, 2010, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered October 24, 2006.
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 May 6, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 6, 2011, 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.
ENTER:
Paul Kenny
Chief Clerk