| Barnett v Diamond Finance Co., Inc. |
| Motion No: 2018-00053 |
| Slip Opinion No: 2019 NY Slip Op 68221(U) |
| Decided on April 18, 2019 |
| Appellate Division, 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 Division: Second Judicial Department
M262037
E/mm
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2018-00053 Eugenie J. Barnett, respondent, v Diamond Finance Co., Inc., appellant. (Index No. 514544/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated October 20, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal is extended until May 20, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted.
AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court