| Artur Kotarba v Andrea Bobrow |
| Motion No: 2018-00090 KC |
| Slip Opinion No: 2018 NY Slip Op 70028(U) |
| Decided on April 12, 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
| Artur Kotarba, Respondent, v Andrea Bobrow, Appellant. |
Motion by appellant to recall and vacate a decision and order on motion of this court dated February 7, 2018, which granted an unopposed motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 25, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that appellant's motion is granted, this court's decision and order on motion dated February 7, 2018 is recalled and vacated, respondent's motion to dismiss the appeal is denied and the appeal shall be perfected by July 6, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk