Homewood Gardens Estates, LLC v Hillary Gibbs
Motion No: 2011-00798 kc
Slip Opinion No: 2011 NY Slip Op 85193(U)
Decided on September 20, 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.


Appellate Term of the Supreme Court

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

2011-798 K C
Homewood Gardens Estates, LLC, Appellant, v
Hillary Gibbs, Respondent.

Motion by appellant to vacate an order of this court dated July 14, 2011, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 21, 2011, and to enlarge the time to perfect the appeal.

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 December 2, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 2, 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