Sebastian Guarino v Woods Ii Condominium Assn.
Motion No: 2015-00998 WC
Slip Opinion No: 2015 NY Slip Op 95353(U)
Decided on December 24, 2015
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 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-998 W C
Sebastian Guarino, Appellant, v Woods II Condominium Association, Respondent.

Motion by appellant to vacate an order of this court dated October 13, 2015, which dismissed an appeal from a judgment of the Justice Court of the Yorktown, Westchester County, entered March 25, 2015.

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 court's order dismissing the appeal is vacated; and it is further,

ORDERED on the court's own motion, that the time to file appellant's brief is hereby enlarged and appellant's brief shall be served and filed on or before February 26, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 26, 2016, the court, on its own motion, may dismiss the appeal, or respondents ,ay move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk