| Anne C. Rossi v Gabriela Duran |
| Motion No: 2012-01671 dc |
| Slip Opinion No: 2013 NY Slip Op 77519(U) |
| Decided on June 10, 2013 |
| 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.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Anne C. Rossi, Respondent, v Gabriela Duran, Appellant. |
On the court's own motion, it is
ORDERED that the order of this court dated April 15, 2013, in the above-captioned action, which dismissed an appeal from a judgment of the Justice Court of the Town of Pawling, Dutchess County, entered April 16, 2012, is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the appeal shall be perfected by July 3, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 3, 2013, 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; and it is further,
ORDERED that respondent, if she be so advised, may serve and file a respondent's brief within 21 days of the date that the appellant's brief is due to be filed pursuant to this decision and order, and appellant, if she be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk