Charles Bardylyn Enters., Inc. v Venide Badio
Motion No: 2014-01044 KC
Slip Opinion No: 2014 NY Slip Op 90937(U)
Decided on November 20, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-1044 K C
Charles Bardylyn Enterprises, Inc., Respondent, v Venide Badio, Appellant.

Motion by the appellant, in effect, to vacate an order of this court dated September 22, 2014, which dismissed an appeal from a decision of the Civil Court of the City of New York, Kings County entered March 21, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,

ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth a reasonable excuse for her default (see CPLR 5015 [a][1]; Sussman v Jo-Sta Realty Corp., 99AD3d 787).

ENTER:

Paul Kenny

Chief Clerk