Joseph Tavernese & Michele Tavernese v Desiree Comer
Motion No: 2011-01732 sc
Slip Opinion No: 2011 NY Slip Op 93538(U)
Decided on December 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2011-01732 S C
Joseph Tavernese and Michele Tavernese, Appellant, v Desiree Comer, Respondent.

Motion by the appellant to vacate an order of this court dated October 11, 2011, which dismissed an appeal from a judgment of the District Court of Suffolk County, Second District entered June 14, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,

ORDERED that the application is granted the court's order dismissing the appeal is vacated; and it is further

ORDERED that appellant's time to perfect the appeal is hereby enlarged, and appellant's brief shall be served and filed on or before January 17, 2011.

ENTER:

Paul Kenny

Chief Clerk