| Frank Czech v Edward J. Kelly Iii & Allstate Ins. |
| Motion No: 2010-02384 orc |
| Slip Opinion No: 2011 NY Slip Op 70808(U) |
| Decided on April 18, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Frank Czech, Appellant, v Edward J. Kelly III and Allstate Insurance, Respondent. |
Motion by appellant to vacate an order of this court dated January 11, 2011, which dismissed an appeal from a judgment of the City Court of Middletown, Orange County, entered February 11, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal shall be perfected by June 3, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 3, 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