| Nastaran Saber & Kamal Ebrahimi v Dina G. Byrne |
| Motion No: 2013-00218 sc |
| Slip Opinion No: 2013 NY Slip Op 83213(U) |
| Decided on August 16, 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
| Nastaran Saber and Kamal Ebrahimi, Respondents, v Dina G. Byrne, Appellant. |
Motion by appellant, in effect, to vacate an order of this court dated June 10, 2013, which dismissed an appeal from a judgment of the District Court of Suffolk County, Third District, entered July 12, 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 June 10, 2013 is vacated, and the appeal shall be perfected by October 4, 2013; and it is further,
ORDERED that in the event that the appeal is not perfected on or before October 4, 2013, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk