| Department of Hous. Preserv. & Dev. of City of New York v Albertina Whittaker |
| Motion No: 2010-02883 kc |
| Slip Opinion No: 2011 NY Slip Op 74980(U) |
| Decided on June 1, 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
| Department of Housing Preservation and Development of The City of New York, Respondent, v Albertina Whittaker, Appellant. |
Motion by appellant to vacate an order of this court dated March 17, 2011, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered July 1, 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, the order dated March 17, 2011 is vacated, and the appeal shall be perfected by August 5, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 5, 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