| Danny Bush v Rodaks Auto Repair, Inc. |
| Motion No: 2012-02619 pc |
| Slip Opinion No: 2013 NY Slip Op 79612(U) |
| Decided on July 8, 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
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Danny Bush, Respondent, v Rodaks Auto Repair, Inc., Appellant. |
Motion by appellant to vacate an order of this court dated May 13, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of Philipstown, Putnam County, entered July 17, 2012.
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 May13, 2013 is vacated, and the appeal shall be perfected by September 6, 2013; and it is further,
ORDERED that in the event that the appeal is not perfected on or before September 7, 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.
ENTER:
Paul Kenny
Chief Clerk