| Joseph Lacarrubba & Salvatore Lacarrubba v Outdoors Clothing Corp. |
| Motion No: 2013-00742 SC |
| Slip Opinion No: 2014 NY Slip Op 69797(U) |
| Decided on April 4, 2014 |
| 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
| Joseph LaCarrubba and Salvatore LaCarrubba, Respondent, v Outdoors Clothing Corp., Appellant. |
Motion by appellant to vacate an order of this court dated November 12, 2013, which dismissed an appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County, entered April 4, 2013, from a decision of said court entered February 4, 2013, and from a judgment of said court entered February 8, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the order dated November 12, 2013 is vacated, and the appeal shall be perfected by June 6, 2014; and it is further,
ORDERED that in the event that the appeal is not perfected on or before June 6, 2014, 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