| Rose Marie Joseph v Dan Lyu |
| Motion No: 2016-00809 KC |
| Slip Opinion No: 2016 NY Slip Op 89942(U) |
| Decided on October 21, 2016 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Rose Marie Joseph, Respondent, v Dan Lyu, Appellant. |
Motion by appellant, in effect, to vacate an order of this court dated September 19, 2016, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered June 4, 2014, and to enlarge the time to perfect the appeal.
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 and the order of this court dated September 19, 2016 dismissing the appeal is vacated and the appeal shall be perfected by November 4, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 4, 2016, 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