| Samy Lapointe v Severiano Mendoza |
| Motion No: 2017-00850 KC |
| Slip Opinion No: 2018 NY Slip Op 62636(U) |
| Decided on January 22, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Samy Lapointe, Respondent, v Severiano Mendoza, Appellant. |
Motion by appellant to vacate an order of this court dated November 20, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 27, 2017.
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 November 20, 2017 dismissing the appeal is vacated; and it is further,
ORDERED on the court's own motion the appellant's time to perfect the appeal is hereby enlarged and the appeal shall be perfected on or before February 23, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 23, 2018, 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 motion in person.
ENTER:
Paul Kenny
Chief Clerk