| Noor M. Mengle & Asadullah N. Mengle v Tj Auto Doctor, Inc., Ginish Muhavir & Surndar P. Singh |
| Motion No: 2017-02347 QC |
| Slip Opinion No: 2018 NY Slip Op 66821(U) |
| Decided on March 5, 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
| Noor M. Mengle and Asadullah N. Mengle, Respondents, v TJ Auto Doctor, Inc., Ginish Muhavir and Surndar P. Singh, Appellants. |
Motion by appellants to vacate a decision and order on motion of this court dated January 18, 2018, which granted an unopposed motion by respondents to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 4, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that appellants' motion is granted, this court's decision and order on motion dated January 18, 2018 is recalled and vacated, respondents' motion to dismiss the appeal is denied and the appeal shall be perfected by May 4, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or the respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
Appellants are advised to settle the record in accordance with CCA 1704.
ENTER:
Paul Kenny
Chief Clerk