Isaac Mallory v Pbq Brokerage Corp.
Motion No: 2012-01558 kc
Slip Opinion No: 2012 NY Slip Op 90832(U)
Decided on November 13, 2012
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

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-01558 K C
Isaac Mallory, Respondent, v PBQ Brokerage Corp., Appellant.

Motion by the appellant to vacate an order of this court dated September 24, 2012, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 26, 2011, for failure to prosecute.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is hereby,

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

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged and the appellant's brief shall be served and filed on or before January 9, 2013.

ENTER:

Paul Kenny

Chief Clerk