| Danielle Define v Tots-n-us Nursery Sch. & Tanya Mortensen |
| Motion No: 2016-01320 DC |
| Slip Opinion No: 2018 NY Slip Op 67747(U) |
| Decided on March 14, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Danielle Define, Appellant, v Tots-N-Us Nursery School & Tanya Mortensen, Respondent. |
Motion by appellant to vacate an order of this court dated October 16, 2017, which dismissed an appeal from a judgment of the Justice Court of the Town of East Fishkill, Dutchess County, entered April 4, 2016.
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 court's order dismissing the appeal is vacated; and it is further,
ORDERED that on the court's own motion, that appellant's time to perfect the appeal is enlarged, and the appeal shall be perfected by April 23, 2018; and it is further,
ORDERED that in the event appeal is not perfected by April 23, 2018, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk