Enrique A. Garrido, Jr. v Village Water Dept. & Vil. of Rhinebeck
Motion No: 2018-01433 DC
Slip Opinion No: 2018 NY Slip Op 77337(U)
Decided on July 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

JAMES V. BRANDS, J.P.

BRUCE E. TOLBERT

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

2017-1196 D C
Enrique A. Garrido, Jr., Appellant, v Village Water Department and Village of Rhinebeck, Respondents.

Enrique A. Garrido, Jr., Appellant, v Village Water

Appellate Term Docket No.

2018-1433 D C

Lower Court # SC-16-2615 Department and Village of Rhinebeck, Respondents.

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On the court's own motion, it is

ORDERED that the appeal decision and order of this court dated June 21, 2018, issued under Appellate Term docket No. 2017-1196 D C, which purported to determine an appeal from an order of the City Court of Poughkeepsie, Dutchess County (Thomas J. O'Neill, J.), entered May 8, 2017, is recalled and vacated, and that appeal has been assigned Appellate Term docket No. 2018-1433 D C; and it is further,

ORDERED that appellant is directed to perfect the appeal under Appellate Term docket No. 2018-1433 D C within 30 days of the date of this decision and order on motion; and it is further,

ORDERED that in the event that appeal is not perfected within 30 days of the date of this decision and order on motion, the court, on its own motion, may dismiss that appeal, or respondents may move to dismiss that appeal, on three days' notice, and may serve such application in person.

It is noted that Appellate Term docket No. 2017-1196 D C had previously been assigned to a purported appeal from an order of the Justice Court of the Town of Hyde Park, Dutchess County, dated May 1, 2017, which appellant purported to perfect. However, no such appeal is pending in this court, as the notice of appeal in that matter took the appeal to the Appellate Division, Second Judicial Department, and the notice of appeal has not been amended nor has the appeal been transferred to this court.

ENTER:

Paul Kenny

Chief Clerk