Alan Wasserman, Harold Wasserman, & Michael Wasserman v Cecilia Iwu
Motion No: 2015-02455 QC
Slip Opinion No: 2018 NY Slip Op 82964(U)
Decided on August 28, 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 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2015-2455 Q C
Alan Wasserman, Harold Wasserman, and Michael Wasserman, Respondents, v Cecilia Iwu, Appellant.

Motion by appellant to vacate so much of a decision and order on motion of this court dated June 1, 2018 as, on the court's own motion, struck appellant's appeal from an order of the Civil Court of the City of New York, Queens County, entered August 26, 2015, from this court's appeals calendar and general calendar on the ground that the appeal had not been properly perfected. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondents' papers in opposition to appellant's motion to vacate.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion for an enlargement of time to serve and file reply papers is granted and the reply papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion to vacate so much of this court's decision and order on motion dated June 1, 2018 as struck appellant's appeal from this court's appeals calendar and general calendar is denied.

ENTER:

Paul Kenny

Chief Clerk